CPC 1908 § Order XXI, Rule 58 — Investigation of claims to, and objections to attachment of, attached property

Statutory text (English)

(1)
Where any claim is preferred to, or any objection is made to the attachment of, any property attached
in execution of a decree on the ground that such property is not liable to such attachment, the Court
shall proceed to investigate the claim or objection with the like power as regards the examination of
the claimant or objector, and in all other respects, as if he was a party to the suit:
1[
Provided that no such investigation shall be made where it appears to the Court that the claim
or objection (whether made before or after the sale) has been designedly or unnecessarily delayed, or
was not made within a reasonable time or within one year of the date of the first attachment of the said
property in the execution of the said decree, whichever is earlier, unless the claimant or objector—
(a) proves title acquired in good faith and for consideration subsequent to the date
of the first attachment ;
(b) Proves that his predecessors-in-interest, whether their interest existed at the time
of such attachment or was acquired thereafter, fraudulently omitted to make a
claim or objection ; and
(c) impleads all such predecessors-in-interest, as parties.].

(2) Postponement of sale. Where the property to which the claim or objection applies has been
advertised for sale, the Court ordering the sale may postpone it pending the investigation of the claim
or objection.

Source and verification

Source citation: CPC (Act V of 1908) First Schedule, Order XXI, Rule 58 (EXECUTION OF DECREES AND ORDERS): Pakistan Code portal consolidated official PDF 'THE CODE OF CIVIL PROCEDURE, 1908' (First Schedule, Orders I-LI, pp. 58-185), p. 118, 119, ingested 2026-09-15. Automated transcription from official source (pypdf extraction, audited artifact repair); human admin re-check required before production.

Verification status: verified · Text status: auto_transcribed_verified_source

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Official Urdu text status: pending_official_urdu_text. Where official Urdu wording has not been sourced, Qanoon does not substitute an unverified translation for the statutory text.

Historical text notes

1 historical record is linked to this section. Historical wording may be incomplete or pending verification; it is not presented as current law.

• Date not confirmed: Consolidated current text as published in the official Pakistan Code PDF (p. 118, 119) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment…

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