Whether a court can order for the attachment of property which is outside its jurisdiction as per the Civil Procedure Code,1908

Bench:

Justice A.V. Sesha Sai

Issue:

Whether a court can order for the attachment of property which is outside its jurisdiction as per the Civil Procedure Code,1908?

Facts:

• The respondent filed a suit for recovery of money from the petitioner. He filed an application under Order 38 Rule 5, CPC for attachment of the properties in Puttaparthi, Anantapur District. It was allowed by the court.
• Then he filed an application under the same section for attachment of properties in Coimbatore, Tamilnadu which was also allowed.
• The last ordered has been challenged by the petitioner in the present case.

Petitioner's Contentions:

It was contended that the order is against the Order 38 Rule 5 of CPC as the said property is outside the jurisdiction of the court and the court cannot order for the attachment of a party which is outside its jurisdiction.

Respondent's Contentions:

It was contended that the court has provided valid reasons for the attachment and therefore, the present court cannot interfere in that order.

Judgement:

The High Court dismissed the revision. It was observed that the court has full authority to order the attachment of property which is outside its jurisdiction as laid down in the rules of CPC.

“Order 38, rule 5 and Order 21, rule 46 read in the light of Section 136 make it abundantly clear that a court can attach the properties notwithstanding that they do not lie within the jurisdiction of the Court in which the suit is filed.”

- Para 9 (A.K. Saravanan v. Surender Singh)

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