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

Hint:

Order XXI CPC is a self-contained code for execution proceedings. Most disputes relating to attached property are decided by the executing court itself.

Answer 1

The Correct Option is C

Concept: Execution is the process through which a successful litigant obtains the fruits of the decree passed in his favour. The Code of Civil Procedure, 1908 contains detailed provisions relating to execution proceedings under Order XXI. Frequently, during execution proceedings, property belonging to the judgment-debtor is attached for satisfaction of the decree. Sometimes a third party claims that the attached property actually belongs to him and not to the judgment-debtor. The CPC provides a mechanism for resolving such disputes efficiently.

Step 1: Understanding third-party claims in execution proceedings.
When a decree-holder seeks attachment of property, a person other than the judgment-debtor may object to such attachment. The claimant may assert: Ownership Rights or Possessory Rights over the attached property. The purpose of such objection is to prevent wrongful sale or attachment of property belonging to someone other than the judgment-debtor.

Step 2: Examining the provisions of Order XXI CPC.
Order XXI Rule 58 empowers the executing court to investigate claims and objections relating to attached property. The law specifically authorizes the executing court to determine:

• Whether the claimant possesses an independent title.

• Whether the property is liable to attachment.

• Whether the attachment should continue or be released.
Thus, the CPC avoids unnecessary multiplicity of litigation by allowing the executing court itself to determine these issues.

Step 3: Applying the principle to the present question.
The law does not require the claimant to file a separate civil suit. Similarly, adjudication need not wait until the completion of execution proceedings. The executing court itself is competent to decide the claim. Therefore, \[ \boxed{\text{Option (C) is correct}} \]