Order XXI Rule 58: Investigation of claims to, and objections to attachment of, attached property

(1) Where any claim is preferred to, or any objection is made to the attachment of, any property attached in execution of a decree on the ground that such property is not liable to such attachment, the Court shall proceed to investigate the claim or objection with the like power as regards the examination of the claimant or objector, and in all other respects, as if he was a party to the suit: [Provided that no such investigation shall be made where it appears to the Court that the claim or objection (whether made before or after the sale) has been designedly or unnecessarily delayed, or was not made within a reasonable time or within one year of the date of the first attachment of the said property in the execution of the said decree, whichever is earlier, unless the claimant or objector (a) proves title acquired in good faith and for consideration subsequent to the date of the first attachment ; (b) Proves that his predecessors in interest, whether their interest existed at the time of such attachment or was acquired thereafter, fraudulently omitted to make a claim or objection ; and (c) impleads all such predecessors in interest, as parties.]. (2) Postponement of sale. Where the property to which the claim or objection applies has been advertised for sale, the Court ordering the sale may postpone it pending the investigation of the claim or objection.

Effective date: 1909-01-01

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