CPC Section 63 — Property attached in execution of decrees of several Courts

Civil

Summary

When property that is not already held by any court has been attached under orders from more than one court, the court with the highest rank will handle the sale of that property and decide any disputes about ownership or the attachment. If the courts are of equal rank, the court that first attached the property will handle it. This section does not cancel any legal steps already taken by a court that was enforcing one of the decrees, except that it does not protect an order allowing a buyer who bought property at a court sale to use the purchase price as a set-off.

Official Text

(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.