Rule 53 of CPC : Rule 53: Attachment of decrees.
CPC
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Explanation using Example
Example 1:
Scenario: Ramesh has a decree from Court A that orders Suresh to pay him ₹5,00,000. However, Ramesh owes ₹3,00,000 to Mahesh, who has a decree from Court B against Ramesh.
Application:
- Mahesh wants to attach the decree that Ramesh holds against Suresh to recover his ₹3,00,000.
- Since the decrees are from different courts, Mahesh applies to Court B to issue a notice to Court A.
- Court B sends a notice to Court A requesting it to stay the execution of Ramesh's decree against Suresh.
- Court A stays the execution of the decree until further notice.
- Mahesh then applies to Court A to execute the decree against Suresh.
- Court A proceeds to execute the decree and collects ₹5,00,000 from Suresh.
- Court A uses ₹3,00,000 from the collected amount to satisfy Mahesh's decree and the remaining ₹2,00,000 is given to Ramesh.
Example 2:
Scenario: Priya has a decree from Court C that orders Ravi to sell a mortgaged property and pay her ₹10,00,000. However, Priya owes ₹4,00,000 to Anil, who has a decree from Court D against Priya.
Application:
- Anil wants to attach the decree that Priya holds against Ravi to recover his ₹4,00,000.
- Since the decrees are from different courts, Anil applies to Court D to issue a notice to Court C.
- Court D sends a notice to Court C requesting it to stay the execution of Priya's decree against Ravi.
- Court C stays the execution of the decree until further notice.
- Anil then applies to Court C to execute the decree against Ravi.
- Court C proceeds to execute the decree and sells the mortgaged property, collecting ₹10,00,000.
- Court C uses ₹4,00,000 from the collected amount to satisfy Anil's decree and the remaining ₹6,00,000 is given to Priya.
Example 3:
Scenario: Sunita has a decree from Court E that orders Raj to pay her ₹2,00,000. However, Sunita owes ₹1,00,000 to Kiran, who has a decree from Court F against Sunita.
Application:
- Kiran wants to attach the decree that Sunita holds against Raj to recover her ₹1,00,000.
- Since the decrees are from different courts, Kiran applies to Court F to issue a notice to Court E.
- Court F sends a notice to Court E requesting it to stay the execution of Sunita's decree against Raj.
- Court E stays the execution of the decree until further notice.
- Kiran then applies to Court E to execute the decree against Raj.
- Court E proceeds to execute the decree and collects ₹2,00,000 from Raj.
- Court E uses ₹1,00,000 from the collected amount to satisfy Kiran's decree and the remaining ₹1,00,000 is given to Sunita.
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