Question

In execution proceedings governed by the Code of Civil Procedure, 1908, where property of the judgment-debtor is attached and a third party raises a claim asserting independent title, such claim:

• A. Can be decided only after completion of execution proceedings.
• B. Must be decided by instituting a separate civil suit.
• C. Shall be adjudicated by the executing court.
• D. Requires prior determination by the court which passed the decree.

Hint:

Order XXI CPC is a self-contained code for execution proceedings. Most disputes relating to attached property are decided by the executing court itself.

Answer 1

The Correct Option is C

Step 1: Understand execution.
Execution under the CPC, 1908 is how a winning party gets the benefit of the decree. Order XXI governs it.

Step 2: See the problem.
When property of the judgment-debtor is attached, a third party may claim that the property is actually his, with independent title.

Step 3: Find the rule.
Order XXI Rule 58 lets the executing court itself investigate such claims and objections about attached property.

Step 4: Know what the court decides.
The court checks if the claimant has title, whether the property can be attached, and whether the attachment should continue or be released.

Step 5: Rule out wrong options.
No separate suit is needed, the claim need not wait till execution ends, and the decree-passing court need not decide it first.

Step 6: Final answer.
The claim shall be decided by the executing court.
\[ \boxed{\text{Shall be adjudicated by the executing court.}} \]