Order 21 Rule 59 CPC requires possession or limited interest at attachment; later title disputes cannot sustain removal of attachment claims.

Order 21, Rule 59 CPC confines a claim for removal of attachment to a summary inquiry into actual possession at the date of attachment or a limited interest making the judgment-debtor's possession referable to the claimant. It does not allow a detailed investigation of title or later-acquired possession. As the applicants were not in possession when attachment was levied and relied instead on subsequent possession and prior title disputes, the rule's essential requirements were not satisfied. The claim was therefore not maintainable, and the order allowing removal of attachment was unsustainable.

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Issues: Whether the applicants for removal of attachment had established the requisite interest in or possession of the attached property at the date of attachment so as to maintain a claim under Order 21, Rule 59 of the Code of Civil Procedure.

Analysis: The claim procedure under Order 21, Rule 59 is confined to a summary inquiry into possession and a limited interest in the attached property, and does not permit an elaborate investigation into title. A claimant must show either actual possession at the date of attachment or such interest as makes the judgment-debtor's possession referable to the claimant. On the applicants' own showing, they were not in possession when the attachment was levied and their claim was based on a subsequent acquisition of possession and on title questions arising out of earlier transactions. Those matters could not sustain a claim under the summary procedure, and the required ingredients of the rule were not established.

Conclusion: The claim for removal of attachment was not maintainable, and the order allowing it was unsustainable.

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