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Section 63: Property attached in execution of decrees of several Courts.

The Code of Civil Procedure, 1908Central Act · Act 5 of 1908

(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.

[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.]

Where this provision sits

ActThe Code of Civil Procedure, 1908
Section63
Marginal noteProperty attached in execution of decrees of several Courts.
JurisdictionCentral
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • inserted, Act 104 of 1976. .Explanation ins. by Act 104 of 1976, s. 24 (w.e.f. 1-2-1977).

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