https://www.taxtmi.com/caselaws?id=272897 A creditor defrauded, defeated or delayed by a transfer may avoid it under Section 53 of the Transfer of Property Act by an open and unequivocal act, without first bringing a separate suit to set it aside. In execution proceedings under Order 21, Rules 58 to 63 of the Civil Procedure Code, the claim-and-suit mechanism is intended to determine title quickly, and a suit under Rule 63 permits the decree-holder to defend the attachment by showing that the claimant's transfer is not binding because it is fraudulent as against the decree-holder. An attaching decree-holder may therefore raise Section 53 as a defence in the claimant's suit. en-us Thu, 29 Apr 1920 00:00:00 +0530 Wed, 23 May 2018 17:23:35 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=272897 A creditor defrauded, defeated or delayed by a transfer may avoid it under Section 53 of the Transfer of Property Act by an open and unequivocal act, without first bringing a separate suit to set it aside. In execution proceedings under Order 21, Rules 58 to 63 of the Civil Procedure Code, the claim-and-suit mechanism is intended to determine title quickly, and a suit under Rule 63 permits the decree-holder to defend the attachment by showing that the claimant's transfer is not binding because it is fraudulent as against the decree-holder. An attaching decree-holder may therefore raise Section 53 as a defence in the claimant's suit. Case-Laws Indian Laws Thu, 29 Apr 1920 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=272897