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Question

When a property liable to be attached is subjected to execution of decree in 2 courts the court which shall realise it first shall be_________.

A court of highest grade Correct Answer Incorrect Answer
B court which has attached first Correct Answer Incorrect Answer
C court of lower grade Correct Answer Incorrect Answer
D any court. Correct Answer Incorrect Answer
E both a and b are correct. Correct Answer Incorrect Answer

Solution

As per CPC S. 63. Property attached in execution of decrees of several Courts .—(1) Where property not in the custody of any Court is under attachment in execution of decrees of more Courts than one, the Court which shall receive or realize such property and shall determine any claim thereto and any objection to the attachment thereof shall be the Court of highest grade, or, where there is no difference in grade between such Courts, the Court under whose decree the property was first attached. (2) Nothing in this section shall be deemed to invalidate any proceeding taken by a Court executing one of such decrees.

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