Attachment of Property under

Execution of Decree(sec. 60-64 and

order 21)

General
1. A decree may be executed on the application of the decree holder by attachment and sale or by
sale w/o attachment of property.
2. The code recognizes the right of the decree holder to attach the property of judgment debtor in
proceedings and lays down the procedure on how to effect the same.

Nature and Scope

The code gives a list(not exhaustive) so as to which properties can be attached and which cannot be
attached.
It gives procedure to be followed for the attachment in execution of the decrees
The code declares that private alienation of the property after attachment is void.
The provisions of the code do not affect special or local laws.

Object
1. To give notice to judgment debtor not to alienate his property
2. To give notice to general public to not purchase the property.
3. Grants judgment debtor some exemptions by listing the property which cannot be sold
4. Words attachment and sale are disjunctive and former is not a condition precedent for a property
to be sold.

Provisions given under CPC

Properties liable to be attached (s.60)

Properties liable to be attached u/s 60(not exhaustive)

land
houses/other buildings
goods
money
bank notes
cheque/bills of exchange
promissory notes.
Properties that cannot be attached.

Properties that cannot be attached

Necessary wearing apparel/cooking vessels/bedding/personal ornaments linked with
religious usage.
tools of artisans/implements of husbandry,cattle,seed grain.
labourer/domestic servant
books of account
stipend and gratuities allowed to pensioners
wages and salaries, pay allowances of air/naval/army men, allowance declared by any Indian
law to be exempt
compulsory deposits and insurance premiums, interest of a lessee of a residential building
any movable property which is exempt from sale for the recovery of arrears of land revenue.
Rights are also exempted like
a mere right to sue for damages,
right of personal service,
right to future maintenance,
an expectancy of succession by survivership

Private alienation of property after attachment

1. Section 64 enacts that a private alienation of property(sale, mortgage,gift etc) after attachment is
void against claims enforceable under attachment.
2. It is immaterial for the application of Sec 64 whe