Adjudication of claims oxxi- cpc

This file deals with the provisions given for Adjudication of claims and objections during execution of decree or orders under CPC. I have tried to make it as precise and clear as possible. Valuable inputs are welcome to help me improve the material.
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1. ADJUDICATION OF CLAIMS ORDER XXI RULE 58-59 BY - ALISHA VERMA ASSISTANT PROFESSOR LAW MANIPAL UNIVERSITY JAIPUR

2. What is the scope of this provision? R.58 & R.59 of O.XXI deal with the Adjudications of the claims and objections. Where any property is attached in execution of a decree, it is always open to the Parties OR their representatives OR third parties to raise objections against such attachment.

3. Sec. 58 Adjudication of claims or objections related to attachment of property 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.

4. When court may refuse to entertain the objection ? [R.58(1 ) Proviso] Provided that no such claim or objection shall be entertained— where, before the claim is preferred or objection is made, the property attached has already been sold ; or where the Court considers that the claim or objection was designedly or unnecessarily delayed.

5. What if court refuses to entertain the claim under ? [R.58(1 ) Proviso] 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 claims or objection shall be conclusive .

6. What kind of questions court may entertain under this provision? [R.58(2)] (2) Q uestions including Related to right Related to title Related to 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.

7. What o rders a court may pass during the proceeding under this provision ? [R. 58(3)] Upon the determination of the questions referred to in sub-rule (2), the Court shall, in accordance with such determination,— Allow the claim or objection and release the property from attachment either wholly or to such extent as it thinks fit or Disallow the claim or objection or Continue the attachment subject to any mortgage, charge or other interest in favor of any person or Pass such order as in the circumstances of the case it deems fit.

8. What if party is aggrieved by the Order passed under this rule? [R . 58(4 )] (4) Where Any claim or objection has been adjudicated upon under this rule, the 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.

9. Rule 59- Stay of sale [ pending adjudication of the claim filed under Rule 58 (1)] Where before the claim was preferred or the objection was made , The property attached had already been advertised for sale, The Court may— if the property is movable , make an order postponing the sale pending the adjudication of the claim or objection, or

10. What orders a court may pass regarding the property in question? if the property is immovable, make an order that, pending the adjudication of the claim or objection, the property shall not be sold , OR That pending such adjudication, the property may be sold but the sale shall not be confirmed, And any such order may be made subject to such terms and conditions as to security or otherwise as the Court thinks fit.]

11. Objections raised during execution ( Comparison b/w Sec.47 & Rule 58) Section 47 Objection can be raised only by a party or his representative . The question falls under this provision. Bars the suit Rule 58 On the other hand, such objection can be raised by a third party also he may file a separate suit or file claim under this rule. Bars a suit Order made under R.58(4) is appealable as an appeal from a decree.