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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 XXXVIII: Arrest And Attachment Before Judgment

Order XXXVIII Rule 8 CPC: Adjudication of claim to property attached before judgment

Bare Act text

[8. Adjudication of claim to property attached before judgment.—Where any claim is preferred to property attached before judgment, such claim shall be adjudicated upon in the manner hereinbefore provided for the adjudication of claim to property attached in execution of a decree for the payment of money.]

Amendment notes

  1. Subs. by s. 85, ibid., for rule 8 (w.e.f. 1-2-1977).

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 is made to property attached before judgment, the claim is adjudicated in the manner provided for adjudicating claims to property attached in execution of a money decree. This rule was substituted by the 1976 amendment.

Order XXXVIII: Arrest And Attachment Before Judgment

  1. 1 Where defendant may be called upon to furnish security for appearance
  2. 2 Security
  3. 3 Procedure on application by surety to be discharged
  4. 4 Procedure where defendant fails to furnish security or find fresh security
  5. 5 Where defendant may be called upon to furnish security for production of property
  6. 6 Attachment where cause not shown or security not furnished
  7. 7 Mode of making attachment
  8. 8 Adjudication of claim to property attached before judgment
  9. 9 Removal of attachment when security furnished or suit dismissed
  10. 10 Attachment before judgment not to affect rights of strangers, nor bar decree-holder from applying for sale
  11. 11 Property attached before judgment not to be re-attached in execution of decree
  12. 11A Provisions applicable to attachment
  13. 12 Agricultural produce not attachable before judgment
  14. 13 Small Cause Court not to attach immovable property
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