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    <title>1970 (1) TMI 86 - HIGH COURT COURT OF BOMBAY AT NAGPUR</title>
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    <description>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.</description>
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    <pubDate>Fri, 30 Jan 1970 00:00:00 +0530</pubDate>
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      <title>1970 (1) TMI 86 - HIGH COURT COURT OF BOMBAY AT NAGPUR</title>
      <link>https://www.taxtmi.com/caselaws?id=272894</link>
      <description>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.</description>
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      <pubDate>Fri, 30 Jan 1970 00:00:00 +0530</pubDate>
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