Order XXI Rule 61: Continuance of attachment subject to claim of encumbrancer
The Code of Civil Procedure · Code of Civil Procedure · Order XXI · in_force
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Where the Court is satisfied that the property is subject to mortgage or charge in favour of some person, and thinks fit to continue the attachment, it may do so subject to such mortgage or charge.
Effective date: 1909-01-01
Related sections
Order XXI Rule 60: Release of property from attachmentOrder XXI Rule 62: Questions relating to rights, etc., of claimant in attached property to be decided byOrder XXI Rule 6: Procedure where Court desires that its own decree shall be executed by another CourtOrder XXI Rule 63: [Saving of suits to establish right to attached property.] Omitted by the Law ReformsOrder XXI Rule 59: Evidence to be adduced by claimantOrder XXI Rule 64: Power to order property attached to be sold and proceeds to be paid to person entitled
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