Rule 79 of CPC : Rule 79: Delivery of movable property, debts and shares.

CPC

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Explanation using Example

Example 1:

Scenario: Seizure and Sale of a Car

Context: Rajesh owes a significant amount of money to Suresh, and Suresh has obtained a court decree to recover the debt. Rajesh owns a car, which is seized by the court officers as part of the execution of the decree.

Application of Rule 79:

  1. Actual Seizure and Delivery: The car, being a movable property, is seized by the court officers. Once the car is sold at an auction, it is delivered to the purchaser, Mr. Kumar, who won the bid.
  2. Possession by Third Party: If the car was in the possession of Rajesh's friend, Anil, instead of Rajesh, the court would issue a notice to Anil, prohibiting him from delivering the car to anyone except Mr. Kumar, the purchaser.

Example 2:

Scenario: Sale of Shares in a Corporation

Context: Priya has a debt to pay to her creditor, Ankit, and Ankit has obtained a court decree to recover the debt. Priya owns shares in a corporation, which are not secured by a negotiable instrument.

Application of Rule 79:

  1. Debt or Shares: The court issues a written order prohibiting the corporation from allowing Priya to transfer her share...

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