THE FIRST SCHEDULE · ORDER XXI Execution of Decrees and Orders · Attachment of property

Order XXI Rule 57: Determination of attachment

The Code of Civil Procedure, 1908

¹[(1) Where any property has been attached in execution of a decree and the Court, for any reason, passes an order dismissing the application for the execution of the decree, the Court shall direct whether the attachment shall continue or cease and shall also indicate the period up to which such attachment shall continue or the date on which such attachment shall cease.

(2) If the Court omits to give such direction, the attachment shall be deemed to have ceased.]

Footnotes in the official text

1.Subs. by Act 104 of 1976, s. 72, for rule 57 (w.e.f. 1-2-1977).

Questions on this rule

1 question in 3 of our papers cite Order XXI Rule 57. Try these from the free papers:

1. Property of a judgment-debtor is under attachment when the Court dismisses the application for execution of the decree, without directing whether the attachment shall continue or cease. Under Order XXI Rule 57 of the Code of Civil Procedure, 1908, the attachment:

Practise questions on Civil Procedure Code