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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order XXI: Execution Of Decrees And Orders

Order XXI Rule 58 CPC: Adjudication of claims to, or objections to attachment, of property

Bare Act text

58. Adjudication of claims to or objections to attachment of property.—(1) Where any claim is preferred to, or any objection is made to the attachment of, any property attached in execution of a decree on the ground that such property is not liable to such attachment, the Court shall proceed to adjudicate upon the claim or objection in accordance with the provisions herein contained:

Provided that no such, claim or objection shall be entertained—

(a) where, before the claim is preferred or objection is made, the property attached has already been sold; or

(b) where the Court considers that the claim or objection was designedly or unnecessarily delayed.

(2) All questions (including questions relating to right, title or interest in the property attached) arising between the parties to a proceeding or their representatives under this rule and relevant to the adjudication of the claim or objection, shall be determined by the Court dealing with the claim or objection and not by a separate suit.

(3) Upon the determination of the questions referred to in sub-rule (2), the Court shall, in accordance with such determination,—

(a) allow the claim or objection and release the property from attachment either wholly or to such extent as it thinks fit; or

(b) disallow the claim or objection; or

(c) continue the attachment subject to any mortgage, charge or other interest in favour of any person; or

(d) pass such order as in the circumstances of the case it deems fit.

(4) Where any claim or objection has been adjudicated upon under this rule, order made thereon shall have the same force and be subject to the same conditions as to appeal or otherwise as if it were a decree.

(5) Where a claim or an objection is preferred and the Court, under the proviso to sub-rule (1), refuses to entertain it, the party against whom such order is made may institute a suit to establish the right which he claims to the property in dispute; but, subject to the result of such -suit, if any, an order so refusing to entertain the claim or objection shall be conclusive.

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

Where a claim or objection is made that attached property is not liable to attachment, the Court must adjudicate it, but not entertain it if the property was already sold or the claim was designedly or unnecessarily delayed. All questions of right, title or interest between the parties are decided by that Court, not a separate suit. The Court may allow the claim and release the property wholly or partly, disallow it, continue the attachment subject to any mortgage, charge or interest, or pass any other fit order. The order is treated as a decree. If the claim is refused as delayed, the party may sue to establish his right.

Order XXI: Execution Of Decrees And Orders

  1. 1 Modes of paying money under decree
  2. 2 Payment out of Court to decree-holder
  3. 3 Lands situate in more than one jurisdiction
  4. 4 Transfer to Court of Small Causes
  5. 5 Mode of transfer
  6. 6 Procedure where Court desires that its own decree shall be executed by another Court
  7. 7 Court receiving copies of decree, etc., to file same without proof
  8. 8 Execution of decree or order by Court to which it is sent
  9. 9 Execution by High court of decree transferred by other Court
  10. 10 Application for execution
  11. 11 Oral application
  12. 11A Application for arrest to state grounds
  13. 12 Application for attachment of movable property not in judgment-debtor’s possession
  14. 13 Application for attachment of immovable property to contain certain particulars
  15. 14 Power to require certified extract from Collector’s register in certain cases
  16. 15 Application for execution by joint decree-holders
  17. 16 Application for execution by transferee of decree
  18. 17 Procedure on receiving application for execution of decree
  19. 18 Execution in case of cross-decrees
  20. 19 Execution in case of cross-claims under same decree
  21. 20 Cross-decrees and cross-claims in mortgage suits
  22. 21 Simultaneous execution
  23. 22 Notice to show cause against execution in certain cases
  24. 22A Sale not to be set aside on the death of the judgment-debtor before the sale but after the service of the proclamation of sale
  25. 23 Procedure after issue of notice
  26. 24 Process for execution
  27. 25 Endorsement on process
  28. 26 When Court may stay execution
  29. 27 Liability of judgment-debtor discharged
  30. 28 Order of Court which passed decree or of Appellate Court to be binding upon Court applied to
  31. 29 Stay of execution pending suit between decree-holder and judgment-debtors
  32. 30 Decree for payment of money
  33. 31 Decree for specific movable property
  34. 32 Decree for specific performance for restitution of conjugal rights, or for an injunction
  35. 33 Discretion of Court in executing decrees for restitution of conjugal rights
  36. 34 Decree for execution of document, or endorsement of negotiable instrument
  37. 35 Decree for immovable property
  38. 36 Decree for delivery of immovable property when in occupancy of tenant
  39. 37 Discretionary power to permit judgment-debtor to show cause against detention in prison
  40. 38 Warrant for arrest to direct judgment-debtor to be brought up
  41. 39 Subsistence-allowance
  42. 40 Proceedings on appearance of judgment-debtor in obedience to notice or after arrest
  43. 41 Examination of judgment-debtor as to his property
  44. 42 Attachment in case of decree for rent or mesne profits or other matter, amount of which to be subsequently determined
  45. 43 Attachment of movable property, other than agricultural produce, in possession of judgment- debtor
  46. 43A Custody of movable property
  47. 44 Attachment of agricultural produce
  48. 45 Provisions as to agricultural produce under attachment
  49. 46 Attachment of debt, share and other property not in possession of judgment-debtor
  50. 46A Notice to garnishee
  51. 46C Trial of disputed questions
  52. 46D Procedure where debt belongs to third person
  53. 46E Order as regards third person
  54. 46F Payment by garnishee to be valid discharge
  55. 46G Costs
  56. 46H Appeals
  57. 46I Application to negotiable instruments
  58. 47 Attachment of share in movables
  59. 48 Attachment of salary or allowances of servant of the Government or railway company or local authority
  60. 49 Attachment of partnership property
  61. 50 Execution of decree against firm
  62. 51 Attachment of negotiable instruments
  63. 52 Attachment of property in custody of Court or public officer
  64. 53 Attachment of decrees
  65. 54 Attachment of immovable property
  66. 55 Removal of attachment after satisfaction of decree
  67. 56 Order for payment of coin or currency notes to party entitled under decree
  68. 57 Determination of attachment
  69. 58 Adjudication of claims to, or objections to attachment, of property
  70. 59 Stay of sale
  71. 60 Release of property from attachment (Omitted)
  72. 61 Disallowance of claim to property attached (Omitted)
  73. 62 Continuance of attachment subject to claim of incumbrancer (Omitted)
  74. 63 Saving of suits to establish right to attached property (Omitted)
  75. 64 Power to order property attached to be sold and proceeds to be paid to person entitled
  76. 65 Sales by whom conducted and how made
  77. 66 Proclamation of sales by public auction
  78. 67 Mode of making proclamation
  79. 68 Time of sale
  80. 69 Adjournment or stoppage of sale
  81. 70 Saving of certain sales (Omitted)
  82. 71 Defaulting purchaser answerable for loss on re-sale
  83. 72 Decree-holder not to bid for or buy property without permission
  84. 72A Mortgagee not to bid at sale without the leave of the Court
  85. 73 Restriction on bidding or purchase by officers
  86. 74 Sale of agricultural produce
  87. 75 Special provisions relating to growing crops
  88. 76 Negotiable instruments and shares in corporations
  89. 77 Sale by public auction
  90. 78 Irregularity not to vitiate sale, but any person injured may sue
  91. 79 Delivery of movable property, debts and shares
  92. 80 Transfer of negotiable instruments and shares
  93. 81 Vesting order in case of other property
  94. 82 What Courts may order sales
  95. 83 Postponement of sale to enable judgment-debtor to raise amount of decree
  96. 84 Deposit by purchaser and re-sale on default
  97. 85 Time for payment in full of purchase-money
  98. 86 Procedure in default of payment
  99. 87 Notification on re-sale
  100. 88 Bid of co-sharer to have preference
  101. 89 Application to set aside sale on deposit
  102. 90 Application to set aside sale on ground of irregularity or fraud
  103. 91 Application by purchaser to set aside sale on ground of judgment-debtor having no saleable interest
  104. 92 Sale when to become absolute or be set aside
  105. 93 Return of purchaser-money in certain cases
  106. 94 Certificate to purchaser
  107. 95 Delivery of property in occupancy of judgment-debtor
  108. 96 Delivery of property in occupancy of tenant
  109. 97 Resistance or obstruction to possession of immovable property
  110. 98 Orders after adjudication
  111. 99 Dispossession by decree-holder or purchaser
  112. 100 Order to be passed upon application complaining of dispossession
  113. 101 Question to be determined
  114. 102 Rules not applicable to transferee pendente lite
  115. 103 Orders to be treated as decrees
  116. 104 Orders under rule 101 or rule 103 to be subject to the result of pending suit
  117. 105 Hearing of application
  118. 106 Setting aside orders passed ex parte, etc
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