Order XXI Rule 47 CPC: Attachment of Share in Movables

Order XXI Rule 47 of the Code of Civil Procedure, 1908 (CPC) prescribes how a court attaches the share or interest of a judgment-debtor in movable property held jointly with another person. Instead of attaching the whole jointly owned asset as though it belonged solely to the judgment-debtor, the rule provides for attachment by a prohibitory notice addressed to the judgment-debtor.

Text of Order XXI Rule 47

Meaning and scope of Rule 47

Judgment-debtor means a person against whom a decree has been passed or an order capable of execution has been made (Section 2(10), CPC). Attachment is a court-directed restraint on dealing with property for the purposes of execution. Movable property generally refers to property other than immovable property. A co-owner is a person sharing ownership of an asset with one or more others.

The rule applies where the judgment-debtor owns only a share or interest in a movable asset alongside another co-owner. The subject of attachment is the judgment-debtor's interest, not automatically the independent ownership interest of the other co-owner.

How attachment is effected

1. The decree-holder identifies movable property in which the judgment-debtor has a co-ownership interest and seeks execution through the competent court.
2. The executing court determines the appropriate attachment process under Order XXI and directs issuance of a notice under Rule 47.
3. The notice prohibits the judgment-debtor from transferring the attached share or interest or creating a charge over it.
4. Further execution steps, including any sale or adjudication of objections, are governed by the other applicable provisions of the CPC.

Rule 47 specifies the method of attachment; it does not, by itself, determine the size of the debtor's share, extinguish a co-owner's rights, or automatically transfer ownership to the decree-holder.

Legal effect and protection of co-owners

Once an attachment has been made, Section 64 CPC addresses the effect of private transfers or deliveries of attached property or interests contrary to the attachment, subject to its statutory exceptions. A co-owner who claims that property or an interest is not liable to attachment may invoke the claim and objection procedure under Order XXI Rule 58 CPC, where applicable.

The court must distinguish the judgment-debtor's attachable interest from the rights of other owners. Disputes concerning title, extent of share, and liability to attachment depend on the evidence and the relevant execution provisions.

Distinction from other attachment rules

Order XXI Rule 43 generally deals with attachment of movable property in the judgment-debtor's possession, whereas Rule 47 specifically addresses a co-owned movable share or interest. Order XXI Rule 46 concerns specified debts, shares and other movable property not in the debtor's possession. Order XXI Rule 49 contains distinct provisions relating to partnership property and a partner's interest.

Illustration

Suppose A and B jointly own movable equipment, and a money decree is passed against A alone. Subject to the facts and the court's orders, A's interest may be attached by notice under Rule 47. That notice does not, merely by being issued, make B personally liable for A's decree or establish that B's separate interest is available to satisfy it.

Statutory reference

Read the Code of Civil Procedure, 1908 on India Code, including Order XXI of the First Schedule, Section 64, and the rules governing execution. Applicable High Court amendments and local procedural rules should also be checked for the court concerned.

This article provides general legal information, not advice for a particular execution proceeding.