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

> Order XXI Rule 58 CPC lets a claimant or objector show that attached property is not liable to attachment. The executing court investigates, the objector must prove title on the date of attachment (R.59), and under Rule 62 no separate suit lies. Mind the one-year proviso.

- Topic: Courts and procedure
- For: Advocates
- A 11-slide carousel: https://failegal.site/media/property-attached-for-anothers-decree-object-under-o-xxi
- Published by FAI Legal on 2026-11-06

## 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))

## Rules 58 to 62.

Order XXI, CPC.

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

## The one-year bar.

Rule 58(1), proviso.

- **No inquiry** If delayed on purpose, late, or after 1 year from first attachment.
- **Unless** Title in good faith, for value, after the attachment.
- **Or** Predecessors 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 aim** Stop frivolous claims, not shut out genuine ones.
- **One year** Runs only against an objector who knew of the attachment.
- **First** The 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 facts** Gift from the father after the decree.
- **The flaw** He claimed through the judgment-debtor, not on his own title.
- **The result** Objection dismissed.

## Before you file.

An objector's short list.

- **Title papers** Dated before the attachment (R.59).
- **Timing** Well inside a year of the first attachment.
- **The sale** Ask 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?**

## Sources

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

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Educational legal information, not legal advice. Every case turns on its own facts. Speak to a qualified lawyer about your situation. Review status: Pending advocate review.

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