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 Mukesh Babu Sharma

Advocate Mukesh Babu Sharma

Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Corporate, Customs & Central Excise, Criminal, GST, High Court, Labour & Service, Medical Negligence, NCLT, Patent, R.T.I, Recovery, RERA, Tax, Trademark & Copyright

Get Advice
Advocate Lalit Kumar

Advocate Lalit Kumar

Criminal, Divorce, Family, Anticipatory Bail, Civil, R.T.I, NCLT, Recovery

Get Advice
Advocate Vikram Nalawade

Advocate Vikram Nalawade

Anticipatory Bail, Arbitration, Cheque Bounce, Civil, Corporate, Criminal, Divorce, Family, Recovery, Succession Certificate, Insurance, Banking & Finance, Bankruptcy & Insolvency

Get Advice
Advocate Neel K. Shah

Advocate Neel K. Shah

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

Get Advice
Advocate Rajnish Sharma

Advocate Rajnish Sharma

Anticipatory Bail, Armed Forces Tribunal, Cheque Bounce, Child Custody, Civil, Consumer Court, Criminal, Court Marriage, Corporate, Divorce, Cyber Crime, Domestic Violence, Family, Medical Negligence, Motor Accident, Media and Entertainment, Landlord & Tenant, Insurance, Recovery, Breach of Contract

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
Advocate Manoj Kumar Pandey

Advocate Manoj Kumar Pandey

Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Cyber Crime, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, NCLT, Property, R.T.I, Recovery, Succession Certificate, Supreme Court, Wills Trusts, Arbitration

Get Advice
Advocate A K Solanki

Advocate A K Solanki

Consumer Court, Court Marriage, Criminal, Divorce, High Court, Labour & Service, Revenue, Motor Accident, Recovery, Cheque Bounce

Get Advice
Advocate Dulesingh

Advocate Dulesingh

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

Get Advice
Advocate Abhijeet P Pawar

Advocate Abhijeet P Pawar

Anticipatory Bail, Arbitration, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Trademark & Copyright, Wills Trusts, Revenue

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.