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.
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