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The Code of Civil Procedure, 1908: page 59

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 59, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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   62. Seizure of property in dwelling-house.—(1) No person executing any process under this Code directing or
authorising seizure of movable property shall enter any dwelling-house after sunset and before sunrise.
     (2) No outer door of a dwelling-house shall be broken open unless such dwelling-house is in the occupancy of
the judgment-debtor and he refuses or in any way prevents access thereto, but when the person executing any such
process has duly gained access to any dwelling-house, he may break open the door of any room in which he has
reason to believe any such property to be.
     (3) Where a room in a dwelling-house is in the actual occupancy of a woman who, according to the customs of the
country, does not appear in public, the person executing the process shall give notice to such woman that she is at liberty
to withdraw; and, after allowing reasonable time for her to withdraw and giving her reasonable facility for withdrawing, he
may enter such room for the purpose of seizing the property, using at the same time every precaution, consistent with these
provisions, to prevent its clandestine removal.
    63. Property attached in execution of decrees of several Courts.—(1) Where property not in the custody of any
Court is under attachment in execution of decrees of more Courts than one, the Court which shall receive or realize such
property and shall determine any claim thereto and any objection to the attachment thereof shall be the Court of highest
grade, or, where there is no difference in grade between such Courts, the Court under whose decree the property was first
attached.
    (2) Nothing in this section shall be deemed to invalidate any proceeding taken by a Court executing one of such
decrees.
     1
       [Explanation.—For the purposes of sub-section (2), “proceeding taken by a Court” does not include an order
allowing, to a decree-holder who has purchased property at a sale held in execution of a decree, set off to the extent
of the purchase price payable by him.]                                           e
                                                                          od
    64. Private alienation of property after attachment to be void.—2[(1)] Where an attachment has been made,
any private transfer or delivery of the property attached or of any interest therein and any payment to the judgment-
                                                                     aC
debtor of any debt, dividend or other monies contrary to such attachment, shall be void as against all claims
enforceable under the attachment.
    3                                                        di
      [(2) Nothing in this section shall apply to any private transfer or delivery of the property attached or of any
interest therein, made in pursuance of any contract for such transfer or delivery entered into and registered before the
attachment.]
                                                        In
      Explanation.—For the purpose of this section, claims enforceable under an attachment include claims for the rateable
distribution of assets.
                                                              Sale
    65. Purchaser’s title.—Where immovable property is sold in execution of a decree and such sale has become absolute, the
property shall be deemed to have vested in the purchaser from the time when the property is sold and not from the time when the
sale becomes absolute.
    66. [Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff.]— Rep. by Act, 1988
(45 of 1988), s. 7 (w.e.f. 19-5-1988).
   67. Power for State Government to make rules as to sales of land in execution of decrees for payment of
money. — 4[(1)] The State Government 5*** may, by notification in the Official Gazette, make rules for any local area
imposing conditions in respect of the sale of any class of interests in land in execution of decrees for the payment of
money, where such interest are so uncertain or undetermined as, in the opinion of the State Government, to make it
impossible to fix their value.
   6
     [(2) When on the date on which this Code came into operation in any local area, any special rules as to sale of
land in execution of decrees were in force therein, the State Government may, by notification in the Official Gazette
declare such rules to be in force, or may 5*** by a like notification, modify the same.
   Every notification issued in the exercise of the powers conferred by this sub-section shall set out the rules so
continued or modified.]
   7
     [(3) Every rule made under this section shall be laid, as soon as may be after it is made, before the State
Legislature.]


1. Explanation ins. by Act 104 of 1976, s. 24 (w.e.f. 1-2-1977).
2. Section 64 renumbered as sub-section (1) by Act 22 of 2002, s. 3 (w.e.f. 1-7-2002).
3. Ins. by Act 22 of 2002, s. 3 (w.e.f. 1-7-2002).
4. Section 67 renumbered as sub-section (1) by Act 1 of 1914, s. 3.
5. The words “with the previous sanction of the G.G. in C.” omitted by Act 38 of 1920, s. 2 and the Schedule.
6. Added by Act 1 of 1914, s. 3.
7. Ins. by Act 20 of 1983, s. 2 and the Schedule (w.e.f. 15-3-1984).


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