Property attached for another's decree? Object under O.XXI R.58.

The law.

Order XXI Rule 58(1), CPC.

“Where any claim is preferred to, or any objection is made to the attachment of, any property attached in execution of a decree on the ground that such property is not liable to such attachment, the Court shall proceed to investigate the claim or objection ... as if he was a party to the suit.”

Code of Civil Procedure, 1908 · Order XXI Rule 58(1), Claims and objections to attachment

Rules 58 to 62.

Order XXI, CPC.

• R.58Investigated as if the objector were a party. Sale may be postponed.
• R.59Objector proves title or interest on the date of attachment.
• R.60, 61Release wholly or partly, or keep it subject to a mortgage.
• R.62The executing court decides. No separate suit.

The one-year bar.

Rule 58(1), proviso.

• No inquiryIf delayed on purpose, late, or after 1 year from first attachment.
• UnlessTitle in good faith, for value, after the attachment.
• OrPredecessors fraudulently failed to object, and all are impleaded.

Only if they knew.

Sindh High Court, 15 Jul 2011 (MCB Bank v. Duty Free Shop).

• The aimStop frivolous claims, not shut out genuine ones.
• One yearRuns only against an objector who knew of the attachment.
• FirstThe attachment must be properly effected.

Myth or fact?

What clients often think.

• Myth: Objection dismissed? File a fresh declaration suit.
• Fact: Rule 62 bars a separate suit on title. Challenge the order itself (Sindh High Court, Suit 555 of 1986, 13 Jun 1987: plaint rejected).

Quick quiz. The gift.

Guess first, then swipe for the answer.

• A. Released
• B. Objection dismissed
• C. A separate suit is needed

Answer: B. Not his own title.

Sindh High Court, Application 48 of 2007, 18 Mar 2008.

• The factsGift from the father after the decree.
• The flawHe claimed through the judgment-debtor, not on his own title.
• The resultObjection dismissed.

Before you file.

An objector's short list.

• Title papersDated before the attachment (R.59).
• TimingWell inside a year of the first attachment.
• The saleAsk to postpone it pending the inquiry (R.58(2)).

Drafting one?

Ask FAI for the exact rule and the judgments behind it.

• My client's plot was attached in a decree against her brother. How do we object?
• Is a suit barred after an Order XXI Rule 58 objection is dismissed?

Example questions

Sources

• Code of Civil Procedure, 1908 · Order XXI Rule 58(1)
  Claims and objections to attachment Pakistan Code