Description
Attachment of property – possession versus ownership – Order XXI Rule 59 of the Civil Procedure Code – costs objection proceedings – carelessness in the attachment exercise.
- Property to be attached should belong to the judgment debtor. Mere possession or control does not suffice. Order XX1, Rule 59 of the CPC.
- Costs in objection proceedings – objectors condemned to pay costs as it is their inability to discharge the decretal sum that resulted into the objection proceedings, and the decree holders cannot be blamed for carelessness in the attachment exercise as from the look of things any reasonable person would be led to believe that the judgment debtors are the owners of the attached property.
