P obtains a money decree against J. Before execution, J transfers his movable property to his relatives to DEFEAT the execution of the decree. In execution, P applies to attach that property. Under Order XXI of the Code of Civil Procedure, 1908 the executing court:

Order XXI, Rule 46 of the CPC deals with the attachment of movable property in the possession of a third party, and the executing court can inquire whether the transfer was fraudulent. Property transferred to defeat and delay creditors is, in execution, treated as still liable to be attached because such a fraudulent transfer is voidable at the instance of a creditor. The executing court therefore has the power to attach property transferred away to defeat a decree. This gives execution proceedings teeth against collusive dispositions. A judgment-debtor cannot shelter his property behind a fraudulent conveyance.