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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Part II: Execution

Section 63 CPC: Property attached in execution of decrees of several Courts

Bare Act text

63. Property attached in execution of decrees of several Courts.—(1) Where property not in the custody of any Court is under attachment in execution of decrees of more Courts than one, the Court which shall receive or realize such property and shall determine any claim thereto and any objection to the attachment thereof shall be the Court of highest grade, or, where there is no difference in grade between such Courts, the Court under whose decree the property was first attached.

(2) Nothing in this section shall be deemed to invalidate any proceeding taken by a Court executing one of such decrees.

[Explanation.—For the purposes of sub-section (2), “proceeding taken by a Court” does not include an order allowing, to a decree-holder who has purchased property at a sale held in execution of a decree, set off to the extent of the purchase price payable by him.]

Amendment notes

  1. Explanation ins. by Act 104 of 1976, s. 24 (w.e.f. 1-2-1977).

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), 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 property not in any Court's custody is attached in execution of decrees of more than one Court, the Court that receives or realises it and decides any claim or objection to the attachment is the Court of highest grade, or, where grades are equal, the Court under whose decree the property was first attached. Proceedings taken by a Court executing one of the decrees are not invalidated. The Explanation, added by the 1976 amendment, qualifies this for set-off allowed to a decree-holder purchaser.

Part II: Execution

  1. 36 Application to orders
  2. 37 Definition of Court which passed a decree
  3. 38 Court by which decree may be executed
  4. 39 Transfer of decree
  5. 40 Transfer of decree to Court in another State
  6. 41 Result of execution proceedings to be certified
  7. 42 Powers of Court in executing transferred decree
  8. 43 Execution of decrees passed by Civil Courts in places to which this Code does not extend
  9. 44 Execution of decrees passed by Revenue Courts in places to which this Code does not extend
  10. 44A Execution of decrees passed by Courts in reciprocating territory
  11. 45 Execution of decrees outside India
  12. 46 Precepts
  13. 47 Questions to be determined by the Court executing decree
  14. 48 Execution barred in certain cases (Repealed)
  15. 49 Transferee
  16. 50 Legal representative
  17. 51 Powers of Court to enforce execution
  18. 52 Enforcement of decree against legal representative
  19. 53 Liability of ancestral property
  20. 54 Partition of estate or separation of share
  21. 55 Arrest and detention
  22. 56 Prohibition of arrest or detention of women in execution of decree for money
  23. 57 Subsistence-allowance
  24. 58 Detention and release
  25. 59 Release on ground of illness
  26. 60 Property liable to attachment and sale in execution of decree
  27. 61 Partial exemption of agricultural produce
  28. 62 Seizure of property in dwelling-house
  29. 63 Property attached in execution of decrees of several Courts
  30. 64 Private alienation of property after attachment to be void
  31. 65 Purchaser’s title
  32. 66 Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff (Repealed)
  33. 67 Power for State Government to make rules as to sales of land in execution of decrees for payment of money
  34. 68 Power to prescribe rules for transferring to collector execution of certain decrees (Repealed)
  35. 69 Provisions of Third Schedule to apply (Repealed)
  36. 70 Rules of Procedure (Repealed)
  37. 71 Collector deemed to be acting judicially (Repealed)
  38. 72 Where Court may authorize Collector to stay Public Sale of Land (Repealed)
  39. 73 Proceeds of execution-sale to be rateably distributed among decree-holders
  40. 74 Resistance to execution
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