Indian Laws in English

The Code Of Civil Procedure 1908
Order 21 :
Rule 53 :
Attachment of decrees :
(1) Where the property to be attached is a decree, either for the payment of money or for sale in enforcement of a mortgage or charge, the attachment shall be made,-
(a) if the decrees were passed by the same Court, then by order of such Court, and
(b) if the decree sought to be attached was passed by another Court, then by the issue to such other Court of a notice by the Court which passed the decree sought to be executed, requesting such other Court to stay the execution of its decree unless and until-
(i) the Court which passed the decree sought to be executed cancels the notice, or
1.[(ii) (a) the holder of the decree sought to be executed, or
(b) his judgment-debtor with the previous consent in writing of such decree-holder, or with the permission of the attaching Court, applies to the Court receiving such notice to execute the attached decree.]
(2) Where a Court makes an order under clause (a) of sub-rule (1), or receives an application under subhead (ii) of clause (b) of the said sub-rule, it shall, on the application of the creditor who has attached the decree or his judgment-debtor, proceeds to execute the attached decree and apply the net proceeds in satisfaction of the decree sought to be executed.
(3) The holder of a decree sought to be executed by the attachment of another of decree the nature specified in sub-rule (1) shall be deemed to be the representative of the holder of the attached decree and to be entitled to executive such attached decree in any manner lawful for the holder thereof.
(4) Where the property to be attached in the execution of a decree is a decree other than a decree of the nature referred to in sub-rule (1) the attachment shall be made by a notice by the Court which passed the decree sought to be executed, to the holder of the decree sought to be attached, prohibiting him from transferring or charging the same in any way; and, where such decree has been passed by any other Court, also by sending to such other Court a notice to abstain from executing the decree sought to be attached until such notice is cancelled by the Court from which it was sent.
(5) The holder of a decree attached under this rule shall give the Court executing the decree such information and aid as may reasonably be required.
(6) On the application of the holder of a decree sought to be executed by the attachment of another decree, the Court making an order of attachment under this rule shall give notice of such order to the judgmentdebtor bound by the decree attached; and no payment or adjustment of the attached decree made by the judgment-debtor in contravention of such order [with knowledge thereof or] after receipt of notice thereof, either through the Court or otherwise, shall be recognized by any Court so long as the attachment remains in force.
State Amendment :
High Court Amendments-[Allahabad] :
(a) In clause (b) of sub-rule (1) and in sub-rule (4), add "and to any other Court to which the decree has been transferred for execution" after the words "such other Court".
(b) In sub-rule (6), for the words "after receipt of notice thereof" read "after receipt of notice, or with the knowledge thereof".-(24-7-1926).
[Andhra Pradesh] :
Same as that of Madras.
[Bombay] :
(i) In Order XXI, for the existing sub-rule (1)(b), substitute the following:-
"(b) if the decree sought to be attached was passed by another Court, then by the issue, to such other Court of a notice by the Court which passed the decree sought to be executed, requesting such other Court and to any other Court to which the decree has been transferred, for execution to stay the execution of its decree unless and until
(i) the Court which passed the decree sought to be executed cancels the notice, or
(ii) (a) the holder of the decree sought to be executed, or
(b) his judgment-debtor with the previous consent in writing of such decree-holder, or with the permission of the attaching Court, applies to the Court receiving such notice to execute the attached decree;"
(ii) Substitute the following sub-rule (4) for the existing sub-rule (4) of rule 53 in Order XXI:
"(4) Where the property to be attached in the execution of a decree is a decree other than a decree of the nature referred to in sub-rule (1), the attachment shall be made, by a notice by the Court which passed the decree sought to be executed, to the holder of the decree sought to be attached, prohibiting him from transferring or charging the same in any way; and, where such decree has been passed by any other Court also by sending to such other Court and to any other Court to which the decree has been transferred for execution a notice to abstain from executing the decree sought to be attached until such notice is cancelled by the Court from which it was sent."-(1-10-1983).
[Calcutta] :
In sub-rule (1)(b), rule 53, after the words "to such other Court" insert the words "and to any Court to which it has been transferred for execution"; also insert therein the words "or Courts" after the words "requesting such other Court".
In sub-rule (1)(b)(ii), cancel the words "to execute its own decree" and substitute therefor the words "to execute the attached decree with the consent of the said decree-holder expressed in writing or the permission of the attaching Court".
In sub-rule (4), insert after the words "by sending to such other Court", the words "and to any Court to which it has been transferred for execution".
In sub-rule (6), substitute the words "in contravention of the said order with knowledge thereof" for the words "in contravention of such order after the receipt of notice thereof ".
[Delhi] :
Same as that of Punjab.
[Gauhati] :
Same as that of Calcutta.
[Himachal Pradesh] :
Same as that of Punjab.
[Karnataka] :
Same as that of Madras-(R.O.C. No. 2526/1959, dated 9-2-1967).
[Madhya Pradesh] :
Substitute
(a) "to such other Court and to any other Court to which the decree has been transferred for execution" for the word "to such other Court" occurring in clause (b) of sub-rule (1) and in sub-rule (4); and
(b) the following as sub-clause (ii) of clause (b) of sub-rule (1) in place of the existing sub-clause:
" (ii) the holder of the decree sought to be executed or his judgment-debtor with the consent of the said decree-holder expressed in writing or with the permission of the attaching Court applies to the Court receiving such notice to execute the attached decree."-(16-9-1960).
[Madras] :
(i) Substitute the following for sub-rule (1)(b)(ii):
"(ii) the holder of the decree sought to be executed or his judgment-debtor if he has obtained the consent in writing of the decree-holder or the permission of the attaching Court, applies to the Court receiving such notice to execute the attached decree."
(ii) Add the following as sub-rule (1)(c) to rule 53 of Order 21:
"(c) If the decree sought to be attached has been sent for execution to another Court, the Court which passed the decree shall send a copy of the said notice to the former Court, and thereupon the provisions of clause (b) shall apply in the same manner as if the former Court had passed the decree and the said notice had been sent to it by the Court which issued it."
[Patna] :
Substitute the following for rule 53(1)(b):
"(b) If the decree sought to be attached was passed by another Court, then by the issue to such other Court (or to the Court to which the decree may have been transferred for execution) of a notice by the Court before which the application has been made requesting such other Court (or the Court to which the decree may have been transferred for execution, as the case may be) to stay the execution of the decree sought to be attached unless and until
(i) the Court which has issued the notice shall cancel the same, or
(ii) the holder of the decree sought to be executed, or his judgment-debtor, with the consent of the said decree-holder expressed in writing or the permission of the attaching Court, applies to such other Court (or to the Court to which the decree may have been transferred for execution) to execute the attached decree."
[Punjab] :
(1) Add the following words under sub-rule (1)(b) after the words "to such other Court":
"and to the Court to which it has been transferred for execution".
(2) In sub-rule (1)(b)(ii) substitute the words "the attached" for the words "its own"; and insert the following words between the words "executed or" and "his judgment-debtor":
"with the consent of the said decree-holder expressed in writing or with the permission of the attaching Court."
(3) In sub-rule (6), substitute the words "with the knowledge" for the words "after receipt of notice".-(7-4-1932).
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1. Substituted by Act 104 of 1976, section 72, for sub-clause (ii) (w.e.f. 1-2-1977).
2. Inserted by Act 104 of 1976, section 72, (w.e.f. 1-2-1977).    

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