Rule 52 of CPC : Rule 52: Attachment of property in custody of Court or public officer.
CPC
JavaScript did not load properly
Some content might be missing or broken. Please try disabling content blockers or use a different browser like Chrome, Safari or Firefox.
Explanation using Example
Example 1:
Scenario: Ramesh wins a lawsuit against Suresh and obtains a decree for Rs. 10 lakhs. Suresh has a fixed deposit of Rs. 5 lakhs in a nationalized bank, which is currently under the custody of the bank (a public officer).
Application of Rule 52: Ramesh's lawyer files an application in the court that issued the decree, requesting the attachment of Suresh's fixed deposit. The court issues a notice to the bank, instructing it to hold the fixed deposit and any interest accruing on it, subject to further orders from the court. The bank, upon receiving the notice, freezes the fixed deposit and informs the court of compliance.
Example 2:
Scenario: Priya wins a lawsuit against her business partner, Anil, and obtains a decree for Rs. 15 lakhs. Anil has shares worth Rs. 7 lakhs in a company, which are currently under the custody of the Securities and Exchange Board of India (SEBI) due to an ongoing investigation.
Application of Rule 52: Priya's lawyer files an application in the court that issued the decree, requesting the attachment of Anil's shares. The court issues a notice to SEBI, instructing it to hold the shares and any dividends accruing on them, subject to further orders from the court. SEBI, upon receiving the notice, holds the shares and informs the court of compliance.
Example 3:
Scenario: A court has custody of a disputed piece of land due to an ongoing property dispute between two parties, Raj and Simran. Raj wins a separate lawsuit against a third party, Karan, and obtains a decree for Rs. 20 lakhs. Karan claims an interest in the disputed land.
Application of Rule 52: Raj's lawyer files an application in the court that issued the decree, requesting the attachment of Karan's interest in the disputed land. The court issues a notice to the court holding the land, instructing it to hold Karan's interest in the land subject to further orders. The court holding the land must then determine any questions of title or priority between Raj and any other person claiming an interest in the land, excluding Karan, the judgment-debtor.