Order XXI Rule 12 CPC - Attachment of Movable Property Not in Judgment-Debtor's Possession

Order 21 Rule 12 of the Code of Civil Procedure, 1908 requires a decree-holder seeking attachment of movable property held outside the judgment-debtor's possession to provide an inventory identifying that property with reasonable accuracy.

Text of Order XXI Rule 12 CPC

Application for attachment of movable property not in judgment-debtor's possession

Where an application is made for the attachment of any movable property belonging to a judgment-debtor but not in his possession, the decree-holder shall annex to the application an inventory of the property to be attached, containing a reasonably accurate description of the same.

Official legislation: Code of Civil Procedure, 1908 - India Code (PDF).

Meaning and scope of Rule 12

This provision applies when a decree-holder asks the executing court to attach movable property belonging to the judgment-debtor, although the property is in another person's possession. The rule concerns the information that must accompany the execution application; it does not itself establish ownership or automatically authorise attachment.

Important legal terms

Decree-holder: A person in whose favour a decree has been passed or an order capable of execution has been made (Section 2(3) CPC).
Judgment-debtor: A person against whom a decree has been passed or an order capable of execution has been made (Section 2(10) CPC).
Movable property: Property other than immovable property, such as goods, money or certain financial assets, subject to the applicable rules of attachment.
Inventory: A list describing the items proposed for attachment sufficiently accurately to identify them.

What must the decree-holder submit?

The essential statutory requirement is an inventory annexed to the application. To reduce uncertainty, an inventory should ordinarily identify the type, quantity and distinguishing characteristics of the property, and, where known, its location and the person holding it. Supporting evidence of the judgment-debtor's interest can assist the executing court, although Rule 12 does not prescribe a universal documentary checklist.

How attachment operates

Apply for execution: File the appropriate execution application under Order XXI, including the particulars required by Rule 11.
Attach the inventory: When seeking movable property outside the judgment-debtor's possession, comply with Rule 12.
Establish attachability: The court considers whether the property or interest is liable to attachment under Section 60 CPC, including statutory exemptions.
Follow the applicable attachment method: For debts, corporate shares and certain other movable property outside the judgment-debtor's possession, Order XXI Rule 46 provides for attachment by a prohibitory order. Different classes of property may be governed by other rules.
Address objections: Claims or objections to attachment may require adjudication under Order XXI Rule 58, subject to its conditions.

Related CPC provisions

Section 51: Lists recognised modes of executing decrees, including attachment and sale of property.
Section 60: Identifies property liable to attachment and sale and provides exemptions.
Order XXI Rule 11: Governs applications for execution of decrees.
Order XXI Rule 43: Deals with attachment of movable property, other than agricultural produce, in the judgment-debtor's possession.
Order XXI Rule 46: Governs attachment of debts, shares and specified other movable property not in the judgment-debtor's possession.
Order XXI Rule 58: Provides for adjudication of claims or objections to attachment.

Illustration

Suppose a decree-holder identifies machinery owned by the judgment-debtor but held by a warehouse operator. An application seeking attachment should include an inventory describing the machinery sufficiently to distinguish it from other goods. Whether attachment is granted, and the method used, depend on the court's findings and the relevant execution provisions. Mere possession by the warehouse operator does not by itself determine ownership.

Frequently asked questions

Is an inventory mandatory under Order XXI Rule 12?

Yes. The rule expressly requires the decree-holder to annex an inventory containing a reasonably accurate description of the movable property proposed for attachment.

Can property held by a third party be attached?

Potentially, if the property or attachable interest belongs to the judgment-debtor and the legal requirements are satisfied. Third-party claims and statutory exemptions must be considered.

Does Rule 12 itself specify the mode of attachment?

No. Rule 12 specifies an application requirement. The actual attachment procedure depends on the nature and custody of the property and other provisions of Order XXI.

Legal information based on the central CPC text, reviewed 14 October 2026. State amendments, applicable High Court rules and case-specific orders should also be checked.