Law: Civil Procedure Code (V of 1908)

Section: 58

Civil Procedure Code (V of 1908)--- ----O. XXI, R. 58---De-attachment of property---Plaintiff filed a suit for recovery against defendant which was ex-parte decreed by the Trial Court---Plaintiff filed execution petition for satisfaction of the decree wherein the suit property was attached by the Executing Court---Appellant filed an objection petition for de-attachment of the property on the basis that he had entered into an agreement to sell with the defendant quo the attached property--- Objection petition was dismissed by Executing Court---Held that, appellant filed suit for specific performance on the basis of agreement to sell which was decreed---Resultantly, possession of the attached property was handed over to the appellant and he filed execution petition for the registration of sale deed---Plaintiff during the pendency of the suit for recovery under O.XXXVII of the C.P.C did not file any application under O.XXXVII, R. 5 of the C.P.C. for the attachment of the suit property---Suit property was attached in June 2012, whereas the suit for specific performance filed by the appellant had already been decreed on 06.04.2012---Plaintiff, as per the and decree of a Court of competent jurisdiction, was no more owner of the suit property, as such, the attachment order could not be made---Record showed that…

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