Section 63 of The Code of Civil Procedure, 1908
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.]
Summary
- Solves conflicts when multiple courts attach the same property.
- Gives the court of the highest grade the power to realize the property.
- Uses the order of attachment to decide between courts of equal grade.
- Validates actions taken by other courts even if they weren't the "highest" court.
Practical examples
FAQ
1. Which court handles property attached by several courts under Section 63 of the Civil Procedure Code?
According to Section 63 of the Civil Procedure Code, the court of the highest grade has the power to receive and realize the property.
2. What happens if courts of equal grade attach the same property under Section 63 of the 1908 Act?
Under Section 63 of the 1908 Act, the court that first attached the property is the one that shall receive and realize it.
3. Does Section 63 of The Code of Civil Procedure, 1908, make actions by a lower court invalid?
No, Section 63 of The Code of Civil Procedure, 1908, specifically says it does not invalidate proceedings taken by a court executing one of the decrees.
Test yourself
1.Under Section 63 of The Code of Civil Procedure, 1908, who determines a claim to property attached by multiple courts?
2.Under Section 63 of The Code of Civil Procedure, 1908, if two courts have the same grade, which one takes the lead?
3.Under Section 63 of The Code of Civil Procedure, 1908, what is the effect of an order allowing a set-off to a purchaser?
4.Under Section 63 of The Code of Civil Procedure, 1908, this rule applies to property that is not where?