Law4u - Made in India

Can assets be attached in a recovery suit?

23-Mar-2025
Recovery

Answer By law4u team

Yes, assets can be attached in a recovery suit under Indian law. A court can order the attachment of a defendant’s assets to secure the recovery of dues. The attachment can happen before or after a decree is passed. 1. Pre-Decree Attachment (Order 38 Rule 5, CPC) The plaintiff must prove that the defendant is trying to dispose of assets to evade repayment. The court can order attachment before judgment to secure the claim. Example: If a debtor is selling property to avoid payment, the court can restrain the sale. 2. Post-Decree Attachment (Order 21, CPC) If the court grants a decree in favor of the plaintiff, assets can be attached to enforce the judgment. Movable and immovable assets can be seized and auctioned. 3. Types of Assets That Can Be Attached Movable Property – Vehicles, bank accounts, shares, etc. Immovable Property – Land, houses, buildings. Salary/Wages – Can be garnished under certain conditions. 4. Assets That Cannot Be Attached (Section 60, CPC) Necessary household goods. Salary below a certain limit (government employees get protection). Pension funds and gratuity. Agricultural land in some cases. 5. Process of Attachment The plaintiff must file an application for attachment. The court issues an attachment order. The attached property can be auctioned if the defendant fails to pay.

Answer By Ayantika Mondal

Dear Client, Yes, assets can be attached in a recovery suit. Recovery matters are governed by the Code of Civil Procedure, 1908 (CPC). Under Order 38 Rule 5 CPC the provision is given that in a recovery suit, the creditor has the right to request the court to attach the debtor’s movable or immovable property. The main purpose of this rule is to prevent the debtor from selling or hiding his assets from the court before the judgment. Once the decree is passed, the court has the authority to order attachment and sale of the debtor’s property under Order 21 CPC to recover the dues to the creditor. However, certain items are exempt from such attachment. Section 60 of CPC prevents the attachment of items like household items, tools of trade, and portions of salary. I hope this answer helps. For any further queries, please do not hesitate to contact us. Thank you.

Recovery Verified Advocates

Get expert legal advice instantly.

Advocate D R Agrawal

Advocate D R Agrawal

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Trademark & Copyright, Wills Trusts, Revenue, Supreme Court

Get Advice
Advocate Arun Kumar Vishwakarma

Advocate Arun Kumar Vishwakarma

Arbitration, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Domestic Violence, Family, High Court, Landlord & Tenant, Labour & Service, Motor Accident, Medical Negligence, Muslim Law, Property, RERA, Recovery, Revenue, Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Cyber Crime, Wills Trusts, Succession Certificate, Tax, Insurance, Documentation

Get Advice
Advocate Minakshi Kumari

Advocate Minakshi Kumari

Civil,Anticipatory Bail,Arbitration,Cheque Bounce,Child Custody,Court Marriage,Consumer Court,Criminal,Customs & Central Excise,Cyber Crime,Divorce,High Court,Family,Domestic Violence,Labour & Service,Motor Accident,Medical Negligence,Property,Recovery,Wills Trusts,RERA,

Get Advice
Advocate Vinod Shivhare

Advocate Vinod Shivhare

Anticipatory Bail, Cheque Bounce, Child Custody, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Media and Entertainment, Medical Negligence, Motor Accident, R.T.I, Recovery, Succession Certificate, Supreme Court

Get Advice
Advocate Satyabrata Samal

Advocate Satyabrata Samal

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Documentation, Domestic Violence, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, R.T.I, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Divorce, Family, Property, Recovery

Get Advice
Advocate Sumit

Advocate Sumit

Anticipatory Bail,Cheque Bounce,Child Custody,Civil,Consumer Court,Court Marriage,Cyber Crime,Divorce,Domestic Violence,Family,High Court,Labour & Service,Landlord & Tenant,Motor Accident,Property,R.T.I,Recovery,Succession Certificate

Get Advice
Advocate T Sunil Kumar

Advocate T Sunil Kumar

Consumer Court, Cheque Bounce, Civil, Divorce, Domestic Violence, Family, High Court, Medical Negligence, Succession Certificate, Supreme Court, Recovery, Property, Criminal, Breach of Contract, Anticipatory Bail, Armed Forces Tribunal, Banking & Finance, Documentation, Child Custody, Landlord & Tenant, Insurance

Get Advice
Advocate Aryan Kumar

Advocate Aryan Kumar

Anticipatory Bail,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Corporate,Court Marriage,Customs & Central Excise,Criminal,Cyber Crime,Divorce,Documentation,Domestic Violence,Family,High Court,Insurance,Labour & Service,Landlord & Tenant,Media and Entertainment,Medical Negligence,Motor Accident,Muslim Law,NCLT,Patent,Property,R.T.I,Recovery,RERA,Succession Certificate,Supreme Court,Tax,Trademark & Copyright,Revenue

Get Advice
Advocate Anantha Raman

Advocate Anantha Raman

Civil, Anticipatory Bail, Breach of Contract, Consumer Court, Divorce, Domestic Violence, Family, Labour & Service, Landlord & Tenant, Recovery, Revenue, Succession Certificate, Criminal, Child Custody, Cheque Bounce, Documentation

Get Advice
Advocate Devesh Singh

Advocate Devesh Singh

Anticipatory Bail, Banking & Finance, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, Recovery

Get Advice

Recovery Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.