Post-sale claim petitions under Order 21 Rule 58 CPC are barred when attachment has already culminated in confirmed sale.

A claim petition under Order 21 Rule 58 CPC is not maintainable once the attached property has already been sold and the sale confirmed, because the proviso to Rule 58(1) bars entertainment of a claim or objection at that stage. Dismissal under the proviso leaves the claimant to pursue a separate suit, while adjudication on merits under Rule 58 would produce an appealable order as a decree. The earlier precedent relied on by the claimant was distinguished because it concerned an appeal from a merits-based order where the sale occurred during the pendency of the appeal, not a petition filed after sale. The revision was accordingly dismissed.

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Issues: Whether a claim petition under Order 21 Rule 58 of the Code of Civil Procedure was maintainable after the attached property had already been sold and the sale confirmed, and whether dismissal of such petition under the proviso to Order 21 Rule 58(1) was justified.

Analysis: The proviso to Order 21 Rule 58(1) bars entertainment of a claim or objection where the attached property has already been sold before the claim is preferred. A dismissal under that proviso leaves the claimant to pursue a suit, whereas an adjudication on merits under Rule 58 results in an order appealable as a decree. The earlier decision relied on by the petitioner was distinguished because it dealt with an appeal against a merits order where the sale occurred during the pendency of the appeal, not with a claim petition filed after the sale. Accepting the petitioner's contention would also make the statutory proviso redundant.

Conclusion: The claim petition was not maintainable after the sale had been confirmed, and its dismissal as barred by the proviso to Order 21 Rule 58(1) was ; the revision was rightly dismissed.

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