Third-Party Objection to Attachment

IN THE COURT OF THE LEARNED court_designation, district

Execution Petition / Case No. _____ of year

decree_holder_name ... Decree-holder/Applicant

VERSUS

judgment_debtor_name ... Judgment-debtor/Respondent

OBJECTION TO ATTACHMENT OF PROPERTY UNDER ORDER XXI RULE 58 OF THE CODE OF CIVIL PROCEDURE, 1908

Respectfully sheweth:

1. That objector_name, the objector herein, is the owner of the property hereinafter described, which has been attached in execution of the decree dated decree_date passed in the case captioned above.

2. That the property alleged to have been attached under the orders of this Honourable Court is the property of objector_name and not the property of the judgment-debtor judgment_debtor_name.

3. That property_description belongs exclusively to objector_name and was in the possession and ownership of objector_name at the time of attachment and continues to be so.

4. That objector_name is not and has never been in possession of the said property on behalf of or in trust for the judgment-debtor, and the property was not placed in the possession of the judgment-debtor by the objector.

5. That the property is property_ownership_basis, and the objector can produce cogent evidence of the same, including evidence_details.

6. That the attachment of the said property is wholly unjust and has caused serious hardship and loss to objector_name, as hardship_details.

7. That the judgment-debtor has other assets available for realization of the decree, and the attachment of the objector's property is entirely uncalled for and an abuse of the court process.

8. That objector_name did not receive notice of the attachment proceedings and did not have opportunity to be heard before the property was attached, which violates the principles of natural justice.

WHEREFORE

It is, therefore, most respectfully prayed that this Honourable Court may be pleased to:

(a) Accept the objection and declare that the property described above does not belong to the judgment-debtor and is the property of objector_name;

(b) Direct the court to release the said property from attachment and restore it to the possession of objector_name;

(c) Award compensation to objector_name for the loss and hardship suffered as a result of the wrongful attachment; and

(d) Pass such further or other order as deemed just and proper under the circumstances.

VERIFICATION

Verified on solemn affirmation at verification_place on this _____ day of _____, year, that the contents of the above objection are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

_____________________________ objector_name Objector Through: _____________________________ counsel_name Advocate