Order XXI Rule 56 CPC: Payment of Attached Coin or Currency Notes
Order 21 Rule 56 of the Code of Civil Procedure, 1908 empowers an executing court to direct payment of attached current coins or currency notes to the person entitled to receive payment under a decree, without requiring a sale of that money.
Text of Order XXI Rule 56 CPC
Rule 56 — Order for payment of coin or currency notes to party entitled under decree.
Where the property attached is current coin or currency notes, the Court may, at any time during the continuance of the attachment, direct that such coin or notes, or a part thereof sufficient to satisfy the decree, be paid over to the party entitled under the decree to receive the same.
Meaning and scope of Rule 56
This rule applies when money in the form of current coin or currency notes has already been attached in execution of a decree. Because the attached property is itself money, the court can order its direct payment towards satisfaction of the decree.
The expression “may” gives the court discretion; payment is not automatic merely because cash has been attached. The court must act while the attachment remains in force and identify the person entitled under the decree.
Essential requirements
- Existing decree: There must be a decree being enforced through execution proceedings.
- Attachment of cash: The property attached must consist of current coins or currency notes.
- Continuing attachment: The court's direction must be made during the continuance of that attachment.
- Amount required: The court may direct payment of all the attached money or only the portion sufficient to satisfy the decree.
- Entitled recipient: Payment must go to the party entitled under the decree to receive it.
How the provision operates in execution proceedings
The decree-holder may request the executing court to release attached cash towards the outstanding decretal amount. The court can examine the attachment, the amount remaining payable, any relevant objections, and the entitlement of the proposed recipient before making a payment order. The amount disbursed should be appropriately recorded towards satisfaction of the decree.
Illustration: If Rs. 80,000 in currency notes is attached and Rs. 50,000 remains payable under a decree, the court may order payment of Rs. 50,000 to the entitled party, subject to the facts and applicable orders. Rule 56 does not itself authorize payment of the excess Rs. 30,000 to the decree-holder.
Related provisions of the CPC
Section 51: Specifies modes by which a court may enforce execution of a decree, including attachment and sale or sale without attachment, subject to the Code.
Section 60: Identifies property liable to attachment and sale in execution and provides statutory exemptions.
Order XXI Rule 55: Provides for withdrawal of attachment where the decree is satisfied in the prescribed manner or set aside or reversed.
Order XXI Rule 57: Deals with whether an attachment continues or ceases when an execution application is dismissed.
Order XXI Rule 58: Governs adjudication of claims and objections to attachment of property.
Rule 56 concerns physical current coin or currency notes. Attachment of debts, bank balances, or other property may involve different rules, including Order XXI Rule 46 and related provisions, depending on the nature of the property.
Frequently asked questions
Can the court directly pay attached cash to the decree-holder?
Yes. Under Order XXI Rule 56, the court may direct payment of attached current coins or currency notes to the party entitled under the decree while the attachment continues.
Is the entire attached amount always payable?
No. The rule expressly permits payment of only so much of the attached money as is sufficient to satisfy the decree.
Does Rule 56 apply to every bank account?
No. Rule 56 specifically refers to attached current coin or currency notes. Bank deposits and debts ordinarily require consideration under other execution provisions.
Official statutory reference
Read the Code of Civil Procedure, 1908 (India Code, official PDF), First Schedule, Order XXI, Rule 56. Court-specific amendments and applicable procedural rules should also be checked where relevant.
Updated: 15 October 2026. This article explains the general central provision and is intended for legal information, not case-specific advice.