Attachment objections under Order 21 Rule 58 must turn primarily on possession, not conclusive title, in summary inquiry.

Under Order 21 Rule 58 CPC, an objection to attachment is to be decided in a summary inquiry focused primarily on possession at the date of attachment, not on a conclusive determination of title. The executing court must examine whether the judgment-debtor was in possession on his own account or on behalf of, or in trust for, the objector, while disputes on complicated title are left to a separate suit under Rule 63. The trial court erred by treating possession as irrelevant and by proceeding on proprietary rights alone, so its order was set aside and the attachment restored for reconsideration on the correct legal basis.

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Issues: Whether an objection to attachment under Order 21, Rule 58 of the Civil Procedure Code is to be decided principally on possession and not on title, and whether the trial court erred in ignoring the fact that the attached property was in the judgment-debtor's possession.

Analysis: The summary inquiry under Order 21, Rules 58 to 63 is intended to decide claims to attached property expeditiously. The claimant must show an interest in, or possession of, the property at the date of attachment, and the Court must examine whether the judgment-debtor was in possession on his own account or on behalf of, or in trust for, the objector. The inquiry is ordinarily limited to possession, while complicated questions of title are left open to be decided in a separate suit under Rule 63. The trial court's view that possession was irrelevant and that only proprietary rights mattered was therefore based on an erroneous approach.

Conclusion: The objection could not be allowed by ignoring possession, and the order of the trial court was improperly made.

Final Conclusion: The revision succeeded, the trial court's order was set aside, and the attachment order stood restored for reconsideration in accordance with the correct summary inquiry under Order 21, Rule 58.

Ratio Decidendi: In proceedings under Order 21, Rule 58 of the Civil Procedure Code, the executing court must decide the objection primarily on the basis of possession at the time of attachment, and not upon a conclusive determination of title.

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