Order XXI Rule 55 CPC: Removal of Attachment After Satisfaction of Decree
Order 21 Rule 55 of the Code of Civil Procedure, 1908 provides for the withdrawal of an attachment when the decree is satisfied in the prescribed manner or the decree is set aside or reversed. It also prescribes how the withdrawal of attachment of immovable property may be publicly proclaimed.
Text and meaning of Order XXI Rule 55
The provision, titled "Removal of attachment after satisfaction of decree", identifies three alternative grounds:
Clause (a): The amount decreed, together with costs and all charges and expenses arising from the attachment, is paid into court.
Clause (b): Satisfaction of the decree is otherwise made through the court or certified to the court.
Clause (c): The decree is set aside or reversed.
Consequence: The attachment is deemed withdrawn. For immovable property, if the judgment-debtor wishes, withdrawal is proclaimed at the judgment-debtor's expense, and a copy is affixed as prescribed by Order XXI Rule 54.
For the authoritative statutory wording, consult the Code of Civil Procedure, 1908 on India Code (official PDF).
When does an attachment end under Rule 55?
1. Full payment into court - clause (a)
The payment must cover the decreed amount, costs, and all charges and expenses resulting from the attachment. Merely depositing part of the amount does not by itself establish compliance with this clause.
2. Satisfaction through or certified to court - clause (b)
If the decree has been satisfied by another permissible mode, the satisfaction must be effected through the court or duly certified to it. Order XXI Rules 1 and 2 govern modes of payment and recording or certification of payments and adjustments, subject to their terms.
3. Decree set aside or reversed - clause (c)
If the decree on which the attachment rests is set aside or reversed, Rule 55 treats the attachment as withdrawn. The operative appellate or other court order and any stay or consequential directions should be checked in the individual case.
Procedure to record withdrawal of attachment
- Identify the execution case, the attached property and the order of attachment.
- Place the relevant proof before the executing court, such as the deposit receipt, recorded satisfaction, certification, or order reversing or setting aside the decree.
- Request the court to record the effect of Order XXI Rule 55 and issue necessary consequential directions to the appropriate authorities or custodians.
- For immovable property, request proclamation and affixture of the withdrawal if desired, bearing the prescribed expense.
- Obtain certified copies of relevant orders for updating revenue, registration or other records where necessary.
These are practical steps rather than additional statutory conditions for the deemed withdrawal specified in Rule 55.
Proclamation for immovable property
Order XXI Rule 54 CPC describes proclamation and affixture of an attachment order for immovable property. Rule 55 adopts that manner for publicising its withdrawal, if requested by the judgment-debtor, at that person's expense. The rule does not make proclamation a prerequisite to the deemed withdrawal itself.
Related provisions
Section 47 CPC concerns questions relating to execution, discharge or satisfaction of a decree arising between the parties or their representatives. Order XXI Rule 2 deals with certification or recording of payment or adjustment made outside court. Order XXI Rule 57 separately addresses the effect on attachment when an execution application is dismissed. Order XXI Rule 58 provides for adjudication of claims or objections to attachment.
Frequently asked questions
Is a fresh court order necessary to withdraw an attachment under Rule 55?
The rule states that attachment is deemed withdrawn when one of its specified conditions occurs. A consequential court order may nevertheless be needed in practice to document the position or communicate it to record-keeping authorities.
Who pays for public proclamation of withdrawal?
For immovable property, the judgment-debtor pays the expense if they request proclamation under Rule 55.
Does partial payment automatically remove attachment?
No. Clause (a) contemplates payment of the decreed amount along with the specified costs, charges and expenses. Any other asserted satisfaction must satisfy the applicable legal requirements.
Official legal source
India Code - The Code of Civil Procedure, 1908 (Act 5 of 1908). Local amendments and applicable court rules should also be checked for the relevant jurisdiction.