The Code Of Civil Procedure 1908
Order 21 :
Rule 52 :
Attachment of property in custody of Court or public officer :
Where the property to be attached is in the custody of any Court or public officer, the attachment shall be made by a notice to such Court or officer, requesting that such property, and any interest or dividend becoming payable thereon, may be held subject to the further orders of the Court from which the notice is issued:
Provided that, where such property is in the custody of a Court, any question of title or priority arising between the decree-holder and any other person, not being the judgment-debtor, claiming to be interested in such property by virtue of any assignment, attachment or otherwise, shall be determined by such Court.
State Amendment :
[Karnataka] :
Add the following proviso at the end of rule 52:
"Provided further that where the Court whose attachment is determined to be prior in point of time receives or realises such property, the receipt or realisation shall be deemed to be on behalf of all the Courts in which there have been attachments of such property in execution of money decrees prior to the receipt of such assets.
Priority of attachment for the purpose of this rule shall be determined on the same principles as in the case of attachment of property not in the custody of any Court."-(R.O.C. No. 2526/1959, dated 9-2-1967).
[Madras] :
Add the following as proviso (it) and renumber the existing proviso as (i):-
"(ii) Provided further that, where Court whose attachment is determined to be prior receives or realizes such property, the receipt or realization shall be deemed to be on behalf of all the Courts in which there have been attachments of such property in execution of money decrees prior to the receipt of such assets.
Explanation :
Priority of attachment in the case of attachment of property in the custody of Court shall be determined on the same principles as in the case of attachment of property not in the custody of Court."
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