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Discussion

Which of the following provisions of CPC provides for adjudication of claims and objections to attachment of property ?

  • A.Order 21 Rule 56
  • B.Order 21 Rule 58
  • C.Order 21 Rule 57
  • D.None of these

Answer: B

The provision is Order 21 Rule 58.

Order 21 Rule 58 requires the executing court to adjudicate any claim to, or objection against, the attachment of property, on the ground that the property is not liable to attachment. Since the 1976 amendment it decides all questions of right, title and interest in such claims itself, and its decision has the force of a decree.

Rule 56 deals with paying attached coin or currency notes to the decree-holder, and Rule 57 with the determination of an attachment when the execution application is dismissed. Since Rule 58 is listed, 'None of these' is wrong.

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