Attachment MCQ Quiz - Objective Question with Answer for Attachment - Download Free PDF

The correct answer is Money payable under policy of insurance

Key Points

• Section 60 of CPC, 1908:
  • Section 60 of the Code of Civil Procedure lists properties liable and exempt from attachment in execution of a decree.
• Why insurance money is exempt:
  • Money payable under a life insurance policy is exempt from attachment before it becomes payable (i.e., before maturity or claim arises).
  • Even after it becomes payable, certain protections under insurance law and personal exemption rules may still apply.
• Objective:
  • The exemption is aimed to protect the financial security of individuals and their families in times of distress like death or disability.

Additional Information

• Land and Building: Incorrect – Immovable property like land and buildings is liable to attachment and sale.
• Money and Cheques: Incorrect – These are movable assets and can be attached and sold under a decree.
• Shares: Incorrect – Shares held by a judgment debtor are also liable to attachment and sale.

The correct answer is Shares in a corporation

Key Points

• Section 60 of the Civil Procedure Code outlines the 'Property liable to attachment and sale in execution of decree'.
• The following property is liable to attachment and sale in execution of a decree, namely, lands, houses or other buildings, goods, money, bank-notes, cheques, bills of exchange, hundis, promissory notes, Government securities, bonds or other securities for money, debts, shares in a corporation and, save as hereinafter mentioned, all other saleable property, movable or
  immovable, belonging to the judgment-debtor, or over which, or the profits of which, he has a disposing power which he may exercise for his own benefit, whether the same be held in the  name of the judgment debtor or by another person in trust for him or on his behalf.

The correct answer is Void.

Key Points

• Section 64 of the Code of Civil Procedure, 1908 deals with the private alienation of property after attachment. According to this provision, if any property is attached in execution of a decree, then any private alienation (such as a sale, mortgage, or transfer) of that property made after the attachment is considered void.
• When the property is attached for the satisfaction of a decree, it becomes the subject of execution, and any act of alienation after the attachment is invalid in the eyes of the law. 
• The purpose of this provision is to prevent a judgment debtor from disposing of or transferring property to evade the execution of the decree.
• The rule ensures that the attached property remains within the jurisdiction of the court and is available to satisfy the decree.

The correct answer is option 3.Key Points

• Attachment comes under one of the power of civil court to enforce the execution under section 51 of Code of civil Procedure Code.
• Section 60 of Civil Procedure Code 1908 provides what Property is liable to attachment and sale in execution of decree.
• Section 60 (1)  says the following property is liable to attachment and sale in execution of a decree, namely:
  • Lands, houses or other buildings,
  • Goods, money, bank-notes, cheques
  • Bills of exchange, hundis, promissory notes,
  • Government securities, bonds or other securities for money,
  • Debts, shares in a corporation and, all other saleable property, movable or immovable, belonging to the judgment-debtor, or over which, or the profits of which, he has a disposing power which he may exercise for his own benefit, whether the same be held in the name of the judgment debtor or by another person in trust for him.

Additional Information

• ​Following particulars shall not be liable to such attachment or sale, namely:
  • Necessary wearing-apparel, cooking vessels, beds and bedding of the judgment-debtor, his wife and children, and such personal ornaments as, in accordance with religious usage, cannot be parted with by any woman,
  • Tools of artisans, and, where the judgment-debtor is an agriculturist, his implements of husbandry and such cattle and seed-grain as may, in the opinion of the Court, be necessary to enable him to earn his livelihood.
  • Houses and other buildings.
  • books of account
  • A mere right to sue for damages
  • Any right of personal service
  • Stipends and gratuities allowed to pensioners of the Government
  • The wages of labour and domestic servants, whether payable in money or in kind.
  • Salary to the extent of the first one thousand rupees and two third of the remainder in execution of any decree other than a decree for maintenance
  • One-third of the salary in execution of any decree for maintenance etc.

The correct answer is option 3.Key Points

• Attachment comes under one of the power of civil court to enforce the execution under section 51 of Code of civil Procedure Code.
• Section 60 of Civil Procedure Code 1908 provides what Property is liable to attachment and sale in execution of decree.
• Section 60 (1)  says the following property is liable to attachment and sale in execution of a decree, namely:
  • Lands, houses or other buildings,
  • Goods, money, bank-notes, cheques
  • Bills of exchange, hundis, promissory notes,
  • Government securities, bonds or other securities for money,
  • Debts, shares in a corporation and, all other saleable property, movable or immovable, belonging to the judgment-debtor, or over which, or the profits of which, he has a disposing power which he may exercise for his own benefit, whether the same be held in the name of the judgment debtor or by another person in trust for him.

Additional Information

• ​Following particulars shall not be liable to such attachment or sale, namely:
  • Necessary wearing-apparel, cooking vessels, beds and bedding of the judgment-debtor, his wife and children, and such personal ornaments as, in accordance with religious usage, cannot be parted with by any woman,
  • Tools of artisans, and, where the judgment-debtor is an agriculturist, his implements of husbandry and such cattle and seed-grain as may, in the opinion of the Court, be necessary to enable him to earn his livelihood.
  • Houses and other buildings.
  • books of account
  • A mere right to sue for damages
  • Any right of personal service
  • Stipends and gratuities allowed to pensioners of the Government
  • The wages of labour and domestic servants, whether payable in money or in kind.
  • Salary to the extent of the first one thousand rupees and two third of the remainder in execution of any decree other than a decree for maintenance
  • One-third of the salary in execution of any decree for maintenance etc.

The correct answer is Money payable under policy of insurance

Key Points

• Section 60 of CPC, 1908:
  • Section 60 of the Code of Civil Procedure lists properties liable and exempt from attachment in execution of a decree.
• Why insurance money is exempt:
  • Money payable under a life insurance policy is exempt from attachment before it becomes payable (i.e., before maturity or claim arises).
  • Even after it becomes payable, certain protections under insurance law and personal exemption rules may still apply.
• Objective:
  • The exemption is aimed to protect the financial security of individuals and their families in times of distress like death or disability.

Additional Information

• Land and Building: Incorrect – Immovable property like land and buildings is liable to attachment and sale.
• Money and Cheques: Incorrect – These are movable assets and can be attached and sold under a decree.
• Shares: Incorrect – Shares held by a judgment debtor are also liable to attachment and sale.

The correct answer is Shares in a corporation

Key Points

• Section 60 of the Civil Procedure Code outlines the 'Property liable to attachment and sale in execution of decree'.
• The following property is liable to attachment and sale in execution of a decree, namely, lands, houses or other buildings, goods, money, bank-notes, cheques, bills of exchange, hundis, promissory notes, Government securities, bonds or other securities for money, debts, shares in a corporation and, save as hereinafter mentioned, all other saleable property, movable or
  immovable, belonging to the judgment-debtor, or over which, or the profits of which, he has a disposing power which he may exercise for his own benefit, whether the same be held in the  name of the judgment debtor or by another person in trust for him or on his behalf.

The correct answer is Void.

Key Points

• Section 64 of the Code of Civil Procedure, 1908 deals with the private alienation of property after attachment. According to this provision, if any property is attached in execution of a decree, then any private alienation (such as a sale, mortgage, or transfer) of that property made after the attachment is considered void.
• When the property is attached for the satisfaction of a decree, it becomes the subject of execution, and any act of alienation after the attachment is invalid in the eyes of the law. 
• The purpose of this provision is to prevent a judgment debtor from disposing of or transferring property to evade the execution of the decree.
• The rule ensures that the attached property remains within the jurisdiction of the court and is available to satisfy the decree.

The correct answer is option 3.Key Points

• Attachment comes under one of the power of civil court to enforce the execution under section 51 of Code of civil Procedure Code.
• Section 60 of Civil Procedure Code 1908 provides what Property is liable to attachment and sale in execution of decree.
• Section 60 (1)  says the following property is liable to attachment and sale in execution of a decree, namely:
  • Lands, houses or other buildings,
  • Goods, money, bank-notes, cheques
  • Bills of exchange, hundis, promissory notes,
  • Government securities, bonds or other securities for money,
  • Debts, shares in a corporation and, all other saleable property, movable or immovable, belonging to the judgment-debtor, or over which, or the profits of which, he has a disposing power which he may exercise for his own benefit, whether the same be held in the name of the judgment debtor or by another person in trust for him.

Additional Information

• ​Following particulars shall not be liable to such attachment or sale, namely:
  • Necessary wearing-apparel, cooking vessels, beds and bedding of the judgment-debtor, his wife and children, and such personal ornaments as, in accordance with religious usage, cannot be parted with by any woman,
  • Tools of artisans, and, where the judgment-debtor is an agriculturist, his implements of husbandry and such cattle and seed-grain as may, in the opinion of the Court, be necessary to enable him to earn his livelihood.
  • Houses and other buildings.
  • books of account
  • A mere right to sue for damages
  • Any right of personal service
  • Stipends and gratuities allowed to pensioners of the Government
  • The wages of labour and domestic servants, whether payable in money or in kind.
  • Salary to the extent of the first one thousand rupees and two third of the remainder in execution of any decree other than a decree for maintenance
  • One-third of the salary in execution of any decree for maintenance etc.