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Section 63: Property attached in execution of decrees of several Courts

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 62 All 158 Sections of Code of Civil Procedure Section 64
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Decree Sec 2(2) Execution Sec 38

Legal Commentary & Landmark Judgments: Section 63

Section 63 establishes the rule of priority where property not in court custody is attached in execution of decrees of more courts than one, vesting exclusive competence in the court of highest grade or the court that first attached.

  • Multiple Court Attachments: Where property not in the custody of any court is under attachment in execution of decrees of more courts than one.
  • Court of Highest Grade Rule: The court which shall receive or realize such property and determine any claim thereto and any objection to the attachment shall be the court of highest grade.
  • Court First Attaching Rule: Where there is no difference in grade between such courts, the court under whose decree the property was first attached.
  • Validation of Past Acts [Sec 63(2)]: Nothing in this section shall be deemed to invalidate any proceeding taken by a court executing one of such decrees.
Key Landmark Precedents:
  • Mahadeo Prasad Singh v. Ram Lochan, (1980) 4 SCC 354: The Supreme Court settled that Section 63 resolves jurisdictional conflict among competing executing courts, mandating that the highest court conduct the auction and distribute proceeds rateably under Section 73.
  • Merla Ramanna v. Nallaparaju, AIR 1956 SC 87: Affirmed that proceedings conducted by an inferior court without notice of higher court attachment are saved under Section 63(2).
Courtroom Practice & Strategic Litigation Guidance:

If a debtor's property is attached by both a Junior Civil Judge and a District Court, apply under Section 63 to transfer all execution files to the District Court for unified auction and rateable distribution.

Section 62 All 158 Sections of Code of Civil Procedure Section 64