Order XXI Rule 43 CPC: Attachment of Movable Property in Possession of Judgment-Debtor
Order 21 Rule 43 of the Code of Civil Procedure, 1908 (CPC) prescribes how a court officer attaches movable property, other than agricultural produce, that is in the possession of a judgment-debtor. The general method is actual seizure followed by responsible custody.
Order XXI Rule 43 CPC: Statutory provision
43. Attachment of movable property, other than agricultural produce, in possession of judgment-debtor. Where the property to be attached is movable property other than agricultural produce, in the possession of the judgment-debtor, the attachment shall be made by actual seizure, and the attaching officer shall keep the property in his own custody or in the custody of one of his subordinates, and shall be responsible for the due custody thereof:
Provided that, when the property seized is subject to speedy and natural decay, or when the expense of keeping it in custody is likely to exceed its value, the attaching officer may sell it at once.
Official legislation: Code of Civil Procedure, 1908 (India Code, PDF). Applicable High Court amendments and execution rules should also be checked.
Meaning and essential legal terms
Attachment is a court-directed legal process that places property under restraint for enforcement of a decree. Movable property refers to property capable of being moved, such as goods, equipment or vehicles, subject to the applicable law and exemptions. A judgment-debtor is a person against whom a decree has been passed or an order capable of execution has been made (Section 2(10), CPC). A decree-holder is a person in whose favour a decree has been passed or an executable order has been made (Section 2(3), CPC).
Actual seizure means taking physical possession of the attachable movable article under the court's execution process. Rule 43 applies specifically when the property is in the judgment-debtor's possession and is not agricultural produce.
How attachment under Rule 43 is carried out
- Execution process: The decree-holder seeks enforcement of the decree before the competent executing court, subject to the CPC and relevant court rules.
- Identification: The attaching officer identifies movable property covered by the execution process and checks its attachability.
- Actual seizure: The officer physically seizes the movable property under Rule 43 rather than relying only on a prohibitory notice.
- Safe custody: The attaching officer keeps the seized articles personally or with a subordinate and remains responsible for due custody.
- Further orders: Sale, release or other disposal ordinarily follows the applicable execution rules and court directions, except for the immediate-sale situation expressly covered by the proviso.
When can the officer sell attached property immediately?
The proviso to Rule 43 permits an immediate sale where the seized property is subject to speedy and natural decay, or where the cost of keeping it in custody is likely to exceed its value. This is a limited statutory exception intended to avoid waste or disproportionate storage expense; it does not make every attachment an immediate sale.
Property exempt from attachment under Section 60 CPC
Rule 43 describes the mode of attachment, but it does not override statutory exemptions. Section 60 CPC identifies property liable to attachment and sale in execution and provides important exemptions, including specified necessary wearing apparel, cooking vessels, beds and bedding, certain tools of artisans, and other protected property or interests subject to statutory conditions.
Whether a particular article is exempt depends on the precise clause of Section 60, the facts, and any applicable State amendment. Read Section 60 CPC in the official Act before seeking attachment of household or livelihood-related items.
Remedies against wrongful attachment
Order XXI Rule 58 CPC governs adjudication of claims and objections to attachment where property is alleged not to be liable to attachment. The executing court can decide relevant questions, including rights, title and interest. The rule restricts claims made after sale or deliberately or unnecessarily delayed; its provisions concerning orders and suits must be examined in the particular case.
A judgment-debtor or third-party claimant may approach the executing court with supporting records of ownership, possession or exemption, as appropriate. The mere fact that an article was found at the judgment-debtor's premises does not conclusively establish that it belongs to that person.
Related provisions of Order XXI
- Rule 43A: Permits specified arrangements for custody of livestock, agricultural implements and other articles that cannot conveniently be removed; it also addresses a custodian's liability.
- Rules 44 and 45: Govern attachment and custody arrangements for agricultural produce, which Rule 43 expressly excludes.
- Rule 46: Concerns attachment of debts, shares and certain other movable property not in the judgment-debtor's possession.
- Rule 58: Provides for adjudication of claims or objections to attachment.
- Section 60: Defines the general scope of property liable to attachment and statutory exemptions.
Frequently asked questions
Does Rule 43 apply to agricultural produce?
No. Agricultural produce is addressed separately under Order XXI Rules 44 and 45.
Can a court officer leave seized goods with another person?
Rule 43 normally requires custody by the attaching officer or a subordinate. Rule 43A provides a separate arrangement for certain articles that cannot conveniently be removed, subject to its conditions.
Can a third party object to attachment?
Yes, an eligible claimant may seek adjudication under Order XXI Rule 58, subject to its procedural restrictions.
Updated: 14 October 2026. This article explains the central CPC provisions and is general legal information, not advice on an individual execution proceeding. State amendments and local court rules may affect the procedure.