Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----Ss.47, 63, 73 & O.XXI, R.100---Property attached in decrees of more than one Court---Determination of claims and objections--­Procedure---Jurisdiction of one Court---Object and scope---Spirit and the purpose embodied in S.63, C.P.C. is objected to preclude and avoid the conflicting decisions over the divergent claims and the objections filed by various persons, qua the same property which is under attachment of different Courts---Rationale and logic behind the provision of S.63, C.P.C. is to obviate any predicament and an anomalous situation which may arise, if different Courts start taking cognizance of claims or objections and their decisions, in equity may result into grave prejudice and injustice to others having right or interest in the same attached property---Preference of one Court over all other Courts, therefore, has been enunciated by S.63, C.P.C.---First in the category is the Court o: highest grade and if there is none and all the Courts are of equal jurisdiction, the Court which has first attached the same property of the common -debtor would take precedence---Provision of S.63, C.P.C. has an independent application and when so applied, notwithstanding its reference to S.73, C.P.C., it would inter alia, cover the matters falling within the purview of S.47, C.P.C. or O.XXI, R.100 C.P.C. etc. (b) Civil Procedure Code (V of 1908)--- ----Ss.63 & 73---Property attached in decrees of more than one Court--­Ratable distribution, principle of---Forum for adjudication---Additionally the provision of S.63, C.P.C. is supplemental to S.73, C.P.C. and when the question about ratable distribution of the attached property/assets to terms of S.73, C.P.C. arises, the forum for the adjudication thereof is the one which is envisaged by S.63, C.P.C.---If the property has been attached by; two or more Courts having same grade and the property is sold by one of them, while the execution application was pending before the other, then the assets sold and the price received, to all intents and purposes, would be held for the purposes of the other Court, in which the property was attached at the time of receipt of the…

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