Section 63 of CPC : Section 63: Property Attached In Execution Of Decrees Of Several Courts

CPC

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Explanation using Example

Imagine that Mr. A owns a piece of land. This land is attached by Court X because Mr. A owes money to Mr. B, and Mr. B has obtained a decree against him. Later, Mr. A is also sued by Mr. C in a different Court Y and loses the case, resulting in another attachment of the same piece of land by Court Y.

According to Section 63 of the Code of Civil Procedure, if both attachments are valid, the court that will ultimately sell the land and distribute the proceeds will be the one with the higher authority (grade). If both courts are of the same grade, then the court that first attached the land (Court X in this case) has the priority to proceed with the execution.

However, even if Court Y is not the one to sell the land, any steps they have already taken towards executing their decree are still valid. For example, if Court Y had already assessed the value of the land, that action would remain valid.