Order 21 rule 58

Ajay Gupta (Querist) 10 August 2024 This query is : Resolved
One Amarjeet Singh sold me a property in the year 2015 .After a year ,he also transferred the same property in his bhabhi's name Baljeet Kaur by fraud .Baljeet Kaur is the judgment debtor in some case and the execution proceedings whose property has been attached. Actually I am the previous owner in possession of the property attached. Now I have to move an application in the execution proceedings .Kindly send me the format of application under order 21 rule 58 in this regard. Thank you.

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This discussion concerns an application under Order 21 Rule 58 of the Civil Procedure Code (CPC) for objecting to the attachment of a property. The original owner, who purchased the property in 2015 and believes it was fraudulently transferred to another individual, is seeking the correct application format. Order 21 Rule 58 CPC outlines the procedure for adjudicating objections to property attachments, with provisions for filing a suit if the objection isn't entertained.

T. Kalaiselvan, Advocate (Expert) 11 August 2024
Order 21 Rule 58 CPC, provides for an objection to attachment of property and the procedure is provided under Order 21 for adjudication of objections. In case objection is not entertained, there is a right to file the suit as provided in Order 21 Rule 58(1) CPC
It is the same format as any other petition and affidavit filed before civil court, you can take the assistance of a local lawyer and proceed

P. Venu (Expert) 18 August 2024
Consequent to your purchase, had you got the property mutated in the revenue records and has been paying land revenue assessment? Who is possession and occupation of the property? Facts posted suggest the second sale to be void.

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