Question

In execution proceedings governed by the Code of Civil Procedure, 1908, where property of the judgment-debtor is attached and a third party raises a claim asserting independent title, such claim:

• A. Requires prior determination by the court which passed the decree.
• B. Can be decided only after completion of execution proceedings.
• C. Must be decided by instituting a separate civil suit.
• D. Shall be adjudicated by the executing court.

Hint:

Order XXI Rule 58 is the "all-in-one" provision for attachment objections. The executing court is not just a facilitator; it is also the judge for title claims arising during the execution!

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
This scenario is governed by Order XXI, Rule 58 of the CPC, which deals with the adjudication of claims to, or objections to the attachment of, property.

Step 2: Detailed Explanation:
- Order XXI Rule 58 mandates that where any claim is preferred to, or any objection is made to the attachment of, any property attached in execution of a decree, the Court executing the decree shall proceed to adjudicate upon the claim or objection.
- This rule was specifically designed to ensure that such claims are not relegated to separate, long-drawn-out civil suits, thereby facilitating a speedy execution of the decree.
- All questions relating to the right, title, or interest in the property attached are to be determined by the executing court itself, not by a separate suit.

Step 3: Final Answer:
The executing court has the mandate to adjudicate such claims. Option (D) is correct.