Can joint property be attached and auctioned?


File the petition Misc. Application for Restoration of case. Once it is allowed by the court, then in the main case, you may take all the disputes, grounds, etc.
In case of joint property, particular that share can be attached.But it also can be challenged and many more.

No, Joint property can not be attached but can be auctioned only part of decree debtor and auction purchaser can buy a part of decree debtor.
After that auction purchaser can enforce his right later on by seeking a partition of the property accordance with law.
You have two remedy available,
1. File an appeal against judgement of labour court
2. Give objection in execution proceeding.

Section 61 grants partial exemption to agricultural produce- The state Government may by general or special order published in the Official Gazette declare any piece of agricultural land for the purpose until next harvest season for the due cultivation of land and support of the Judgement-debtor and his family, exempt that property from being attached or sold in execution of the decree.

Section 62 talks about seizure of property in case of dwelling house. No person executing under the code will enter the premises of a dwelling house after sunset and before sunrise. No door of such dwelling house can be broken without the knowledge of the Judgement-debtor. Where a woman resides in such house and she is not allowed to appear in public. The person executing has to give her a notice to be at liberty to withdraw and also reasonable time to do the same. Once she withdraws he has the power to enter the premises.

Section 63 says that where the property attached in execution of decree is going on in several courts then the final decision of the court of higher grade prevails and where the court are at same grades then the court where the case of attachment came first will hold a higher value

Reference: Attachment is a legal term which refers to the action of seizing property in anticipation of a favourable ruling for a plaintiff who claims to owed money by the defendant. Decree Holder is Dominus litis(person to whom the suit belongs) and he has the right to choose the mode of execution from those available to him. Neither the Court nor the Judgement debtor can force or persuade him to choose a particular mode of execution. This can be referred from the case V. Dharmavenamma v. C. Subrahmanyam Mandadi.

In the process of attachment, the court at the request of the decree-holder designates specific property owned by the debtor to be transferred to the creditor or sold for the benefit of the creditor. Sections 60 to Section 64 and Rules 41-57 of Order 21 of CPC 1908, deals with the matter of attachment of property.

Section 60 CPC,1908 describes the property which can and cannot be attached while execution. Several types of property are liable for attachment and sale in execution of a decree like lands, houses or other buildings, goods, money, banknotes, checks, bills of exchange, hundis, government securities, bonds or other securities etc., and things on which he has a disposing power. There is express mention of particulars which shall not be liable for attachment or sale. The decree as mentioned in this section is only a money decree and it does not include a mortgage decree. Therefore, it is important that the property not only belongs to the judgement-debtor but also he has disposing power on it.

In M. Balarajan vs. M. Narasamma, it was held that the said house of the JUdgement-debtor was liable to be sold for execution of the decree as his contention of agricultural produce was declined.



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