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Criminal Procedure Code QUESTION #9508
Question 1
A sells property to B by a registered sale deed. Later, A mortgages the same property to C without disclosing the prior sale. A decree is obtained against A in an unrelated suit and the disputed property is attached in execution. B objects to the attachment, claiming title under his sale deed. Should the Court accept B's objection?
  • Yes; B can file a claim/objection in the execution proceedings under Order XXI Rule 58 CPC; the Court must adjudicate whether the property belongs to the judgment-debtor, and if B proves prior title, the attachment must be raised✔️
  • No; B should file a separate suit to assert title
  • Yes; but only if B's sale deed was registered before the decree
  • No; attachment in execution always overrides registered transfers
Correct Answer Explanation
Order XXI Rule 58 CPC provides for adjudication of claims by third parties to property attached in execution. B, as a prior registered purchaser, can raise an objection. The executing Court must enquire into the matter and, if satisfied that the property does not belong to the judgment-debtor, must release it from attachment.