Rule 57 of CPC : Rule 57: Determination of attachment.

CPC

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Explanation using Example

Example 1:

Scenario: Rajesh wins a lawsuit against Suresh and obtains a decree from the court for the recovery of ₹5,00,000. Rajesh then files an application for the execution of the decree, and the court orders the attachment of Suresh's car to satisfy the decree.

Application: During the execution process, Suresh files an appeal, and the court finds merit in his appeal and dismisses Rajesh's application for execution of the decree. According to Rule 57, the court must now decide whether the attachment of Suresh's car should continue or cease. The court may order that the attachment continues for another 30 days to allow Rajesh to file a fresh application or may order that the attachment ceases immediately.

Example 2:

Scenario: Meena wins a decree against her tenant, Ravi, for unpaid rent amounting to ₹1,00,000. Meena applies for the execution of the decree, and the court orders the attachment of Ravi's bank account.

Application: Later, the court finds that there was a procedural error in Meena's application and dismisses it. According to Rule 57, the court must specify whether the attachment of Ravi's bank account should continue or cease. If the court fails to provide such a direction, the attachment will automatically cease, and Ravi will regain access to his bank account.

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