Objection Petition

IN THE [court_name] EXECUTION CASE NO. [case_number] IN THE MATTER OF: [decree_holder] ... DECREE HOLDER VERSUS [judgment_debtor] ... JUDGMENT DEBTOR AND [objector_name] [objector_address] ... OBJECTOR OBJECTION PETITION UNDER ORDER XXI RULE 58 OF THE CODE OF CIVIL PROCEDURE, 1908 MOST RESPECTFULLY SHOWETH: 1. That the Objector is not a party to the decree under execution, and has come to know that the property described below has been attached in the above execution proceedings. 2. THE PROPERTY ATTACHED [property_attached] 3. THE OBJECTOR'S RIGHT, TITLE AND INTEREST [grounds_of_objection] 4. That the said property does NOT belong to the Judgment Debtor, and is not liable to attachment or sale in satisfaction of the decree against the Judgment Debtor. 5. That the Objector is in possession of the said property in the Objector's own right, and not on behalf of or in trust for the Judgment Debtor. 6. DOCUMENTS RELIED UPON [supporting_documents] 7. That the attachment of the Objector's property in execution of a decree to which the Objector is not a party is without jurisdiction and causes the Objector serious and irreparable prejudice. 8. That this objection is filed promptly upon the Objector coming to know of the attachment, and before the property has been sold in execution. 9. That this petition is made bona fide and in the interests of justice. PRAYER It is therefore most respectfully prayed that this Hon'ble Court may be pleased to: (a) Adjudicate upon the Objector's claim to the attached property under Order XXI Rule 58 of the Code of Civil Procedure, 1908; (b) Release the said property from attachment; (c) Stay the sale of the said property pending adjudication of this objection; and (d) Pass such other orders as this Hon'ble Court may deem just and proper. AND FOR THIS ACT OF KINDNESS, THE OBJECTOR SHALL EVER PRAY. Place: ______________ Date: [filing_date] [objector_name] OBJECTOR Through ______________________ ADVOCATE ──────────────────────────────────────────────────────────────── FILE IT BEFORE THE SALE — THIS IS THE WHOLE POINT Order XXI Rule 58 allows a person whose property has been attached in execution of a decree AGAINST SOMEBODY ELSE to have their claim adjudicated by the executing court itself. But the rule is explicit that a claim shall NOT be entertained where the property has ALREADY BEEN SOLD in execution before the claim is made. Once the sale happens, this remedy is gone and what remains is a separate suit — slower, costlier, and against a purchaser who may have bought in good faith. So the moment you learn of an attachment, act. Do not wait to see what happens. THE ADJUDICATION IS FINAL, NOT PRELIMINARY. An order determining a claim under Rule 58 has the force of a decree and is appealable. It is not a summary formality — bring your documents, because you may not get a second opportunity to prove the same point. WHERE THE DISPUTE IS ABOUT POSSESSION rather than attachment — for instance where you are being dispossessed under a decree to which you were not a party — Rules 97 to 101 govern instead, and the executing court determines all questions of right, title and interest arising between the parties, again with the force of a decree. BRING: your title deed, tax receipts in your name, the encumbrance certificate, utility bills showing your possession, and anything showing the date you acquired the property relative to the decree. An acquisition AFTER the attachment is much harder to sustain.