Rule 58 of CPC : Rule 58: Adjudication of claims to, or objections to attachment of property.

Explanation using Example

Example 1:

Scenario: Ramesh has a decree against Suresh for a debt of ₹5 lakhs. To recover the amount, Ramesh gets an order from the court to attach Suresh's car. However, Priya, Suresh's sister, claims that the car actually belongs to her and not to Suresh.

Application of Rule 58:

1. Claim by Priya: Priya files a claim in the court stating that the car is her property and should not be attached.
2. Court's Adjudication: The court will examine the evidence provided by Priya and Suresh to determine the true ownership of the car.
3. Possible Outcomes:
   • If the court finds that the car indeed belongs to Priya, it will release the car from attachment.
   • If the court finds that the car belongs to Suresh, it will disallow Priya's claim and the car will remain attached.
   • If the court finds that the car is jointly owned or has some other interest, it may continue the attachment subject to that interest.

Example 2:

Scenario: Anil has a decree against Sunil for ₹3 lakhs. The court orders the attachment of Sunil's house. However, Sunil's wife, Meena, objects to the attachment, claiming that the house is jointly owned by her and Sunil, and her share should not be attached.

Application of Rule 58:

1. Objection by Meena: Meena files an objection in the court stating that the house is jointly owned and her share should not be attached.
2. Court's Adjudication: The court will examine the ownership documents and other evidence to determine the extent of Meena's interest in the house.
3. Possible Outcomes:
   • If the court finds tha...

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