attachment

Attachment places property under the court's control. In execution, the decree-holder may have the judgment-debtor's property attached and then sold to satisfy the decree. Section 60 CPC lists property that can be attached and property that is exempt, such as necessary clothing, tools of artisans and a portion of salary.

Attachment before judgment under Order XXXVIII Rule 5 is a protective measure, granted only where the defendant is about to dispose of or remove his property to defeat a likely decree. Any private transfer after attachment is void against claims enforceable under it. In criminal law, property of a proclaimed offender, and proceeds of crime, can also be attached.

Example

Since the defendant was trying to sell his only flat during the suit, the court ordered attachment before judgment under Order XXXVIII Rule 5.

In Indian law

• Section 60, Code of Civil Procedure, 1908 (property liable to attachment)
• Order XXI Rules 41 onwards, Code of Civil Procedure, 1908 (attachment in execution)
• Order XXXVIII Rule 5, Code of Civil Procedure, 1908 (attachment before judgment)

See also

execution · decree-holder · judgment-debtor · garnishee

Read more in the study notes

• Corruption, maladministration and the ombudsman: Lokpal and Lokayukta (Administrative Law)
• Enforcement of arbitral awards and foreign awards (Alternative Dispute Resolution Systems)
• Banker and customer: who they are and the legal character of the relationship (Banking Law)
• Duties of banker and customer: honouring cheques and secrecy of accounts (Banking Law)
• Default and recovery: Debts Recovery Tribunals and the SARFAESI Act (Banking Law)
• Criminal procedure: meaning, background and salient features of the BNSS (Bharatiya Nagarik Suraksha Sanhita)