Attachment of Property

12 Jul 2025 --
0 Comments

Attachment of Property

What is Attachment of Property?

Attachment means seizure or taking possession of a person’s property by the court or legal authority to satisfy a decree or prevent the disposal of property during the pendency of a suit.

It is a provisional remedy or interim relief used in execution or to secure the subject matter of a suit.

Attachment essentially freezes the property, so the judgment debtor cannot transfer, sell, or create any charge over it that would prejudice the decree-holder’s rights.

Legal Provisions Governing Attachment of Property

Order 21 of the CPC deals with Execution of Decrees and Orders including attachment and sale of property.

Section 60 of CPC also empowers the court to attach property of judgment debtor.

Attachment may be pre-decree (before final judgment) or post-decree (after judgment).

Types of Attachment

Attachment before Judgment (Pre-decree Attachment)

Under Order 38 Rules 5 & 6 CPC (Temporary Injunction and Interlocutory Orders), courts may attach property to prevent its disposal or dissipation before the final decision.

It is granted to preserve the status quo and ensure the subject matter remains available.

Attachment after Judgment (Post-decree Attachment)

Attachment after a decree is passed, to enforce the decree (e.g., attachment of immovable or movable property to satisfy a money decree).

Essentials/Conditions for Attachment

There must be a suit or decree to justify attachment.

The property must belong to the judgment debtor or the party against whom attachment is sought.

The property should be liable to attachment (movable or immovable property).

Court must ensure the attachment is necessary and justified.

In pre-decree attachment, the plaintiff must show that:

There is a prima facie case.

Irreparable loss or injury will be caused if the property is not attached.

The balance of convenience favors attachment.

Procedure for Attachment

The court issues an order of attachment specifying the property.

The process server or court officer executes the attachment by seizing possession.

The property is kept in custody until further orders.

Notice is usually given to the judgment debtor.

The property may later be sold to satisfy the decree under Order 21.

Effect of Attachment

The judgment debtor loses the right to transfer or deal with the property.

The attached property becomes subject to court control.

Attachment protects the decree-holder’s interests until execution is complete.

Case Law on Attachment of Property

1. K.K. Verma v. Union of India, AIR 1963 SC 149

Held: Attachment of property is a drastic remedy and should be granted only in exceptional circumstances.

The court emphasized that attachment cannot be ordered on mere suspicion or without strong reasons.

2. Gautam Kundu v. Rajlakshmi Dasi, AIR 1956 SC 452

Held: Attachment of property must be for the protection of the decree-holder’s interest and not for oppression.

The court warned against abuse of the attachment process.

3. Shiv Shanker Sing v. Union of India, AIR 1971 SC 1556

Held: Pre-decree attachment (Order 38 Rule 5) is a temporary remedy and must be exercised sparingly.

It is subject to the principles of natural justice and fairness.

4. R.K. Jain v. Union of India, AIR 1967 SC 1631

Held: Attachment should not be used as a weapon to coerce or harass a party.

Court must balance interests of both parties.

Summary Table

Aspect	Explanation
Meaning	Court seizure of property to satisfy a decree or preserve subject matter
Governing Law	Order 21, Section 60, Order 38 Rules 5 & 6 CPC
Types	Pre-decree attachment, Post-decree attachment
Purpose	Prevent disposal, enforce decree
Conditions for Attachment	Prima facie case, irreparable injury, balance of convenience (for pre-decree)
Procedure	Court order, seizure by court officer, notice to debtor
Effect	Debtor cannot transfer property; property under court control
Leading Cases	K.K. Verma, Gautam Kundu, Shiv Shanker Sing, R.K. Jain