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 that the house is jointly owned and Meena has a valid share, it may release her share from attachment.
   • If the court finds that the house is solely owned by Sunil, it will disallow Meena's objection and the house will remain fully attached.
   • If the court finds that the house is subject to a mortgage or other charge, it may continue the attachment subject to that interest.

Example 3:

Scenario: Rajesh has a decree against Mohan for ₹2 lakhs. The court orders the attachment of Mohan's bank account. However, Mohan's business partner, Kiran, objects to the attachment, claiming that the funds in the account are business funds and not Mohan's personal funds.

Application of Rule 58:

1. Objection by Kiran: Kiran files an objection in the court stating that the funds in the bank account are business funds and should not be attached.
2. Court's Adjudication: The court will examine the bank statements, business records, and other evidence to determine the nature of the funds.
3. Possible Outcomes:
   • If the court finds that the funds are indeed business funds and not Mohan's personal funds, it will release the bank account from attachment.
   • If the court finds that the funds are Mohan's personal funds, it will disallow Kiran's objection and the bank account will remain attached.
   • If the court finds that the funds are mixed, it may continue the attachment subject to the determination of the exact amount that belongs to Mohan.

Example 4:

Scenario: Geeta has a decree against Neha for ₹1 lakh. The court orders the attachment of Neha's jewelry. However, Neha's mother, Shanti, claims that the jewelry was gifted to her by her parents and should not be attached.

Application of Rule 58:

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