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The Code of Civil Procedure, 1908: page 170

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 170, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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     56. Order for payment of coin or currency notes to party entitled under decree.—Where the
property attached is current coin or currency notes, the Court may, at any time during the continuance of
the attachment, direct that such coin or notes, or a part thereof sufficient to satisfy the decree, be paid over
to the party entitled under the decree to receive the same.
     1
       [57. Determination of attachment.—(1) Where any property has been attached in execution of a
decree and the Court, for any reason, passes an order dismissing the application for the execution of the
decree, the Court shall direct whether the attachment shall continue or cease and shall also indicate the
period up to which such attachment shall continue or the date on which such attachment shall cease.
     (2) If the Court omits to give such direction, the attachment shall be deemed to have ceased.]
                                      2
                                        [Adjudication of claims and objections
     58. Adjudication of claims to or objections to attachment of property.—(1) 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 adjudicate
upon the claim or objection in accordance with the provisions herein contained:
     Provided that no such, claim or objection shall be entertained—
          (a) where, before the claim is preferred or objection is made, the property attached has already
     been sold; or
          (b) where the Court considers that the claim or objection was designedly or unnecessarily delayed.
     (2) All questions (including questions relating to right, title or interest in the property attached) arising
between the parties to a proceeding or their representatives under this rule and relevant to the adjudication of
                                                                                    e
the claim or objection, shall be determined by the Court dealing with the claim or objection and not by a
separate suit.                                                               od
     (3) Upon the determination of the questions referred to in sub-rule (2), the Court shall, in accordance
with such determination,—                                            aC
          (a) allow the claim or objection and release the property from attachment either wholly or to such
     extent as it thinks fit; or                               di
          (b) disallow the claim or objection; or         In
          (c) continue the attachment subject to any mortgage, charge or other interest in favour of any
     person; or
          (d) pass such order as in the circumstances of the case it deems fit.
     (4) Where any claim or objection has been adjudicated upon under this rule, order made thereon shall
have the same force and be subject to the same conditions as to appeal or otherwise as if it were a decree.
     (5) Where a claim or an objection is preferred and the Court, under the proviso to sub-rule (1), refuses
to entertain it, the party against whom such order is made may institute a suit to establish the right which
he claims to the property in dispute; but, subject to the result of such -suit, if any, an order so refusing to
entertain the claim or objection shall be conclusive.
     59. Stay of sale.—Where before the claim was preferred or the objection was made, the property
attached had already been advertised for sale, the Court may—
          (a) if the property is movable, make an order postponing the sale pending the adjudication of the
     claim or objection, or
          (b) if the property is immovable, make an order that, pending the adjudication of the claim or
     objection, the property shall not be sold, or that pending such adjudication, the property may be sold
     but the sale shall not be confirmed,
and any such order may be made subject to such terms and conditions as to security or otherwise as the
Court thinks fit.]
    60. [Release of property from attachment.] Omitted by the Code of Civil Procedure (Amendment)
Act, 1976 (104 of 1976), s. 72 (w.e.f. 1-2-1977).
    61. [Disallowance of claim to property attached.] Omitted by s. 72, ibid. (w.e.f. 1-2-1977).
    62. [Continuance of attachment subject to claim of incumbrancer.] Omitted by s. 72, ibid.
(w.e.f. 1-2-1977).
    63. [Saving of suits to establish right to attached property.] Omitted by s. 72, ibid. (w.e.f. 1-2-1977).]


1. Subs. by Act 104 of 1976, s. 72, for rule 57 (w.e.f. 1-2-1977).
2. Subs. by s. 72, ibid., for the sub heading “Investigation of claims and objections” and for rules 58 to 63 (w.e.f. 1-2-1977).

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