Rule 54 of CPC : Rule 54: Attachment of immovable property.
CPC
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Explanation using Example
Example 1:
Rajesh borrowed ₹10 lakhs from a bank but failed to repay the loan. The bank filed a lawsuit, and the court issued a decree in favor of the bank. Rajesh owns a piece of land in his village. To recover the loan amount, the bank requests the court to attach Rajesh's land.
- The court issues an order prohibiting Rajesh from selling or mortgaging the land and also prohibits others from buying or taking any interest in the land.
- The court orders Rajesh to appear on a specified date to discuss the terms of the sale proclamation.
- The court's order is announced in the village by beating a drum and is also posted on the land, the village Gram Panchayat office, the district Collector's office, and the court-house.
Example 2:
Meena won a lawsuit against her business partner, Suresh, who owes her ₹5 lakhs as per the court's decree. Suresh owns a commercial building in the city. Meena requests the court to attach Suresh's building to recover her money.
- The court issues an order preventing Suresh from transferring or mortgaging the building and prohibits others from taking any benefit from such a transfer.
- The court orders Suresh to attend a court hearing on a specified date to discuss the terms of the sale proclamation.
- The court's order is announced by a public announcement system in the vicinity of the building, and copies of the order are posted on the building, the court-house, and other relevant public offices.
Example 3:
Anita lent ₹2 lakhs to her friend, Sunil, who failed to repay the amount. Anita filed a case, and the court ruled in her favor. Sunil owns agricultural land in a nearby village. Anita requests the court to attach Sunil's land to recover her money.
- The court issues an order prohibiting Sunil from selling or mortgaging the land and also prohibits others from taking any interest in the land.
- The court orders Sunil to appear on a specified date to discuss the terms of the sale proclamation.
- The court's order is announced in the village by beating a drum and is also posted on the land, the Gram Panchayat office, the district Collector's office, and the court-house.