Rule 10 of CPC : Rule 10: Attachment before judgment not to affect rights of strangers, nor bar decree-holder from applying for sale.
CPC
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Explanation using Example
Example 1:
Scenario: Rajesh files a lawsuit against Suresh for non-payment of a loan amounting to ₹5,00,000. Rajesh is worried that Suresh might sell his property to avoid paying the debt, so he requests the court to attach Suresh's property before the judgment is passed.
Application of Rule 10:
- The court orders the attachment of Suresh's property.
- However, Suresh's friend, Anil, had already lent Suresh ₹2,00,000 and has a legal agreement stating that Suresh's property is collateral for this loan.
- According to Rule 10, Anil's rights to the property, which existed before the attachment, are not affected by the court's order. Anil can still claim his ₹2,00,000 from the ...
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