What is Section 64 of the Civil Procedure Code?
Asked by: Maryam Wolf | Last update: June 11, 2026Score: 4.3/5 (21 votes)
Section 64 of India's Code of Civil Procedure (CPC) renders private transfers of property void if made after it's been attached by a court, aiming to protect decree-holders' claims, making such deals ineffective against anyone enforcing the attachment, though transfers pursuant to a contract registered before attachment are exceptions. In contrast, U.S. Federal Rule of Civil Procedure (FRCP) 64 deals with seizing people or property (arrest, attachment, garnishment, etc.) to secure a judgment, adopting state laws for remedies, as seen in Utah State Courts (.gov).
What is Section 64 of the CPC?
[(1)] Where an attachment has been made, any private transfer or delivery of the property attached or of any interest therein and any payment to the judgment-debtor of any debt, dividend or other monies contrary to such attachment, shall be void as against all claims enforceable under the attachment.
What is the rule 64 of Civil Procedure?
Rule 64, 1997 Rules of Civil Procedure
Rule 64 implements the constitutional mandate allowing the aggrieved parties to seek judicial review of the final decisions or resolutions of the COMELEC and COA by way of a special civil action for certiorari under Rule 65, subject to the modifications set forth in Rule 64.
What is Section 64 of the Civil Procedure Act 2005?
64 Amendment of documents generally
(2) Subject to section 58, all necessary amendments are to be made for the purpose of determining the real questions raised by or otherwise depending on the proceedings, correcting any defect or error in the proceedings and avoiding multiplicity of proceedings.
What is the difference between Section 64 and 65 of the Limitation Act?
While Art. 64 deals with possession-only claims, Article 65 deals with possession suits based on title (The plaintiff will lose if the defendant establishes that he has the right to keep possession (honoring the plaintiff's possession) as a lessee, licensee, mortgagee, etc.).
SEC 62 to 64 of CPC, 1908 I Property Attached by Several Courts I Seizure of Property I Void Sale
What is the meaning of article 64?
The Vice-President shall be ex-officio Chairman of the Council of States and shall not hold any other office of profit:Provided that during any period when the Vice-President acts as President or discharges the functions of the President under article 65, he shall not perform the duties of the office of Chairman of the ...
What is the 12 year limitation period?
As per the schedule prescribing limitation, there is a limitation of 3 years for filing Suits relating to recovery of money and suits under a contract. There is a limitation period of 12 years for suit relating to possession of immovable property and 1 year for suits arising out of torts.
What is the burden of proof in civil cases?
In civil cases, the plaintiff has the burden of proving their case by a preponderance of the evidence, which means the plaintiff merely needs to show that the fact in dispute is more likely than not.
What is Section 64 of the contract Act?
When a person at whose option a contract is voidable rescinds it, the other party thereto need not perform any promise therein contained in which he is promisor.
How to claim post-judgment interest?
You can claim interest on the unpaid amount if:
- the claim was for more than $1,000.00.
- the defendant does not pay the judgment within 28 days of the judgment.
- there are no specific orders about what happens with interest.
What exactly is rule 64?
Rule 64: If it exists, it has “LOOOOORRRREE!". Rule 65: If there isn't, there will be. Rule 66: The longer the LORE around something is, the weirder it gets. Rule 67: If it has lore, it also has lore from alternate timelines(AU), especially if the main lore is copyrighted by a big power hungry corporation.
What is the Federal Rule of Civil Procedure 64?
Seizing a Person or Property. (a) Remedies Under State Law—In General. At the commencement of and throughout an action, every remedy is available that, under the law of the state where the court is located, provides for seizing a person or property to secure satisfaction of the potential judgment.
What are common civil procedure motions?
Probably the most common types of motion in any civil case are motions relating to discovery disputes. In federal court, these motions are often referred to a magistrate judge who may hold a hearing and listen to the parties' arguments about the discovery they are either seeking or attempting to withhold.
When can a decree not be executed?
Article 137 of the Limitation Act, 1963
If a party fails to file an execution petition within this period, the decree becomes time-barred and unenforceable unless condonation of delay is allowed under Section 5 of the Limitation Act (in some exceptional cases).
Is a contract without free consent void?
A contract lacking free consent cannot be enforced, as consent given under duress, fraud, or mistake is not recognized by law. Courts determine free consent by examining evidence for coercion, undue influence, fraud, misrepresentation, or mistake.
What is Section 64 of the Consumer Rights Act?
Section 64: Exclusion from assessment of fairness
This section describes how the assessment of fairness of price and subject matter terms in consumer contracts is limited. the assessment is of the appropriateness (usually the level) of the price payable under the contract compared with what is supplied under it.
What is Section 64 of the contracts Act 1950?
In the Malaysian's perspective, Section 64 of the Contracts Act 1950 states that “Every promise may dispense with or remit, wholly or in part, the performance of the promise made to him….” This clearly explains that part payment of debts will take the effect of dismissing the entire debt.
What constitutes a breach of contract?
A breach of contract is when one party in a legally binding agreement fails to perform their promised obligations, such as not delivering goods, missing payments, or not completing a service, without a valid legal excuse, allowing the harmed party to seek remedies like monetary damages to be put in the position they would have been in had the contract been fulfilled.
What are the two types of voidable contracts?
The following contracts are voidable or annullable, even though there may have been no damage to the contracting parties: 1) Those where one of the parties is incapable of giving consent to a contract; 2) Those where the consent is vitiated by mistake, violence, intimidation, undue influence or fraud.
Are civil cases easier to win?
Yes, civil cases are generally considered "easier" to win than criminal cases because they have a much lower burden of proof, requiring only a "preponderance of the evidence" (more likely than not, or 51%) compared to the "beyond a reasonable doubt" standard in criminal law, meaning less certainty is needed to win. However, "easier" is relative; civil cases still demand strong evidence and preparation, with success rates varying significantly by case type (e.g., car accidents are higher than medical malpractice).
Who beats the burden of proof?
In most cases, the burden of proof rests solely on the prosecution, negating the need for a defense of this kind. However, when exceptions arise and the burden of proof has been shifted to the defendant, they are required to establish a defense that bears an "air of reality".
How much evidence do you need to sue someone?
The standard in civil cases is the “preponderance of evidence,” meaning the plaintiff must prove that their claims are more likely valid than not. According to the Legal Information Institute, “51% certainty is the threshold” for meeting the preponderance of evidence standard in most civil cases.
Can a debt from 20 years ago be collected?
A 20-year-old debt is likely beyond the statute of limitations (SOL) for most states, meaning a creditor usually can't sue you, but they can still contact you (depending on state law) and the debt might be collectible if you acknowledge it or if there was a court judgment. The SOL for suing on a debt is typically 3-10 years, varying by state and debt type, but judgments can be renewed for 10-20 years or more, allowing collection even after the original SOL expires.
What happens if a promissory note is not paid?
Lenders may issue a notice of default as a formal first step in resolving missed payments. Secured promissory notes give lenders rights to repossess collateral upon default. Borrowers can face lawsuits, damage to credit, or loss of secured property when defaulting.