Order XXI Rule 13 CPC: Application for Attachment of Immovable Property
Order 21 Rule 13 of the Code of Civil Procedure, 1908 (CPC), specifies the information a decree-holder must provide when applying for attachment of immovable property belonging to a judgment-debtor in execution proceedings.
Text of Order XXI Rule 13 CPC
Application for attachment of immovable property to contain certain particulars.
Where an application is made for the attachment of any immovable property belonging to a judgment-debtor, it shall contain at the foot-
(a) a description of such property sufficient to identify the same and, in case such property can be identified by boundaries or numbers in a record of settlement or survey, a specification of such boundaries or numbers; and
(b) a specification of the judgment-debtor's share or interest in such property to the best of the belief of the applicant, and so far as he has been able to ascertain the same.
Meaning and purpose of Rule 13
The rule helps the executing court identify the exact immovable property proposed for attachment and understand the extent of the judgment-debtor's interest. It applies to the application for attachment; the actual mode of attachment is governed by other provisions, particularly Order XXI Rule 54.
Particulars required in the application
1. Description sufficient to identify the property - clause (a)
The application must identify the property clearly. Where available, particulars may include its address or location, village, survey or settlement number, plot number, boundaries and other identifying land-record details. If the property can be identified by boundaries or survey or settlement record numbers, those particulars must be specified.
2. Judgment-debtor's share or interest - clause (b)
The applicant must specify the judgment-debtor's share or interest in the property to the best of the applicant's belief and as far as it can be ascertained. This is particularly relevant for jointly owned property: the application should distinguish the judgment-debtor's interest from that of other owners rather than assume that the entire property belongs to the judgment-debtor.
How Rule 13 fits into execution proceedings
- Order XXI Rule 11: Deals with applications for execution of decrees, including the particulars generally required in a written execution application.
- Order XXI Rule 13: Adds specific property-identification and ownership-interest particulars where attachment of immovable property is sought.
- Order XXI Rule 14: Permits the court, in specified circumstances, to require a certified extract from the Collector's register.
- Order XXI Rule 17: Addresses scrutiny of execution applications and correction of defects.
- Order XXI Rule 54: Prescribes attachment of immovable property by an order prohibiting transfer or charge, with the required proclamation and affixation procedures.
- Section 60 CPC: Governs property liable to attachment and sale in execution, subject to statutory exemptions and other applicable restrictions.
Practical example
Suppose a decree-holder seeks attachment of a judgment-debtor's one-half interest in a jointly owned plot. The application should identify the plot through its location, survey or plot number and boundaries where ascertainable, and state that the judgment-debtor is believed to hold a one-half interest. Whether that interest is actually attachable, and the effect of any third-party rights, remain matters for determination under the applicable law.
Official legislation and further reading
Consult the India Code official legislation portal for the Code of Civil Procedure, 1908 (Act 5 of 1908), including its First Schedule and relevant amendments. The Legislative Department, Government of India also provides legislative resources. State amendments and applicable High Court rules should be checked for the court concerned.
This article explains the general central CPC provision. The application and execution process may be affected by state amendments, local court rules and the facts of the case.