Rule 41 Order XXI of Code of Civil Procedure 1908 "Examination of judgment-debtor as to his property"
(1) Where a decree is for the payment of money the
decree-holder may apply to the Court for an order that-
(a) the judgment-debtor, or
(b) where the judgment-debtor is a corporation, any officer
thereof, or
(c) any other person,
be orally examined as to whether any or what debts are owing
to the judgment-debtor and whether the judgment-debtor has
any and what other property or means of satisfying the
decree; and the Court may make an order for the attendance
and examination of such judgment-debtor, or officer or other
person, and for the production of any books or documents.
(2) Where a decree for the payment of money has remained
unsatisfied for a period of thirty days, the Court may, on
the application of the decree-holder and without prejudice
to its power under sub-rule (1), by order require the
judgment-debtor or where the judgment-debtor is a
corporation, any officer thereof, to make an affidavit
stating the particulars of the assets of the
judgment-debtor.
(3) In case of disobedience of any order made under sub-rule
(2), the Court making the order, or any Court to which the
proceeding is transferred, may direct that the person
disobeying the order be detained in the civil prison for a
term not exceeding three months unless before the expiry of
such term the Court directs his release.
Rule 42 Order XXI of Code of Civil Procedure 1908 "Attachment in case of decree for rent or mesne profits or other matter, amount of which to be subsequently determined"
Where a decree directs an inquiry as to rent or mesne profits or any other matter, the property of the judgment-debtor may, before the amount due from him has been ascertained, be attached, as in the case of an ordinary decree for the payment of money.
Rule 43 Order XXI of Code of Civil Procedure 1908 "Attachment of movable property, other than agricultural produce, in possession of judgement-debtor"
Where the property to be attached is movable property,
other than agricultural produce, in the possession of the
judgment-debtor, the attachment shall be made by actual
seizure, and the attaching officer shall keep the property
in his own custody or in the custody of one of his
subordinates, and shall be responsible for the due custody
thereof :
Provided that, when the property seized is subject to speedy
and natural decay, or when the expense of keeping it in
custody is likely to exceed its value, the attaching officer
may sell it at once.
Rule 43A Order XXI of Code of Civil Procedure 1908 "Custody of movable property"
(1) Where the property attached consists of live-stock,
agricultural implements or other articles which cannot
conveniently be removed and the attaching officer does not
act under the proviso to rule 43, he may, at the instance of
the judgment-debtor or of the decree-holder or of any other
person claiming to be interested in such property, leave it
in the village or place where it has been attached, in the
custody of any respectable person (hereinafter referred to
as the "custodian").
(2) If the custodian fails after due notice, to produce such
property at the place named by the Court before the officer
deputed for the purpose or to restore it to the person in
whose favour restoration is ordered by the Court, or if the
property, though so produced or restored, is not in the same
condition as it was when it was entrusted to him,-
(a) the custodian shall be liable to pay compensation to the
decree-holder, judgment-debtor or any other person who is
found to be entitled to the restoration thereof, for any
loss or damage caused by his default; and
(b) such liability may be enforced-
(i) at the instance of the decree-holder, as if the
custodian were a surety under section 145;
(ii) at the instance of the judgment-debtor or such other
person, on an application in execution; and
(c) any order determining such liability shall be appealable
as a decree.
Rule 44 Order XXI of Code of Civil Procedure 1908 "Attachment of agricultural produce"
Where the property to be attached is agricultural
produce, the attachment shall be made by affixing a copy of
the warrant of attachment,-
(a) where such produce is a growing crop, on the land on
which such crop has grown, or
(b) where such produce has been cut or gathered, on the
threshing floor or place for treading out grain or the like
or fodder-stack on or in which it is deposited,
and another copy on the outer door or on some other
conspicuous part of the house in which the judgment-debtor
ordinarily resides or, with the leave of the Court, on the
outer door or on some other conspicuous part of the house in
which he carries on business or personally works for gain or
in which he is known to have last resides or carried on
business or personally worked for gain ; and the produce
shall thereupon be deemed to have passed into the possession
of the Court.
Rule 45 Order XXI of Code of Civil Procedure 1908 "Provision as to agricultural produce under attachment"
(1) Where agricultural produce is attached, the Court
shall make such arrangements for the custody thereof as it
may deem sufficient and, for the purpose of enabling the
Court to make such arrangements, every application for the
attachment of a growing crop shall specify the time at which
it is likely to be fit to be cut or gathered.
(2) Subject to such conditions as may be imposed by the
Court in this behalf either in the order of attachment or in
any subsequent order, the judgment-debtor may tend, cut,
gather and store the produce and do any other act necessary
for maturing or preserving it; and if the judgment-debtor
fails to do all or any of such acts, the decree-holder may,
with the permission of the Court and subject to the like
conditions, do all or any of them either by himself or by
any person appointed by him in this behalf and the costs
incurred by the decree-holder shall be recoverable from the
judgment-debtor as if they were included in, or formed part
of, the decree.
(3) Agricultural produce attached as a growing crop shall
not be deemed to have ceased to be under attachment or to
require re-attachment merely because it has been severed
from the soil.
(4) Where an order for the attachment of a growing crop has
been made at a considerable time before the crop is likely
to be fit to be cut or gathered, the Court may suspend the
execution of the order for such time as it thinks fit, and
may, in its discretion, make a further order prohibiting the
removal of the crop pending the execution of the order of
attachment.
(5) A growing crop which from its nature does not admit of
being stored shall not be attached under this rule at any
time less than twenty days before the time at which it is
likely to be fit to be cut or gathered .
Rule 46 Order XXI of Code of Civil Procedure 1908 "Attachment of debt, share and other property not in possession of judgment-debtor"
(1) In the case of-
(a) a debt not secured by a negotiable instrument,
(b) a share in the capital of a corporation,
(c) other movable property not in the possession of the
judgment-debtor, except property deposited in, or in the
custody of, any Court,
the attachment shall be made by a written order
prohibiting,-
(i) in the case of the debt, the credit or from recovering
the debt and the debtor from making payment thereof until
the further order of the Court;
(ii) in the case of the share, the person in whose name the
share may be standing from transferring the same or
receiving any dividend thereon;
(iii) in the case of the other movable property except as
aforesaid, the person in possession of the same from giving
it over to the judgment-debtor.
(2) A copy of such order shall be affixed on some
conspicuous part of the court-house, and another copy shall
be sent in the case of the debt, to the debtor, in the case
of the share, to the proper officer of the corporation, and,
in the case of the other movable property (except as
aforesaid), to the person in possession of the same.
(3) A debtor prohibited under clause (i) of sub-rule (1) may
pay the amount of his debt into Court, and such payment
shall discharge him as effectually as payment to the party
entitled to receive the same.
Rule 46A Order XXI of Code of Civil Procedure 1908 "Notice to garnishee"
(1) The Court may in the case of a debt (other than a
debt secured by a mortgage or in charge) which has been
attached under rule 46, upon the application of the
attaching creditor, issue notice to the garnishee liable to
pay such debt, calling upon him either to pay into Court the
debt due from him to the judgment-debtor or so much thereof
as may be sufficient to satisfy the decree and costs of
execution, or to appear and show cause why he should riot do
so.
(2) An application under sub-rule (1) shall be made on
affidavit verifying the facts alleged and stating that in
the belief of the deponent, the garnishee is indebted to the
judgment-debtor.
(3) Where the garnishee pays in the Court the amount due
from him to the judgment-debtor or so much thereof as is
sufficient to satisfy the decree and the costs of the
execution, the Court may direct that the amount may be paid
to the decree-holder towards satisfaction of the decree and
costs of the execution.
Rule 46B Order XXI of Code of Civil Procedure 1908 "Order against garnishee"
Where the garnishee does not forthwith pay into Court the amount due from him to the judgment- debtor or so much thereof as is sufficient to satisfy the decree and the costs of execution, and does not appear and show cause in answer to the notice, the Court may order the garnishee to comply with the terms of such notice, and on such order, execution may issue as though such order were a decree against him.
Rule 46C Order XXI of Code of Civil Procedure 1908 "Trial of disputed questions"
Where the garnishee disputes liability, the Court may
order that any issue or question necessary for the
determination of liability shall be tried as if it were an
issue in a suit, and upon the determination of such issue
shall make such order or orders as it deems fit :
Provided that if the debt in respect of which the
application under rule 46A is made is in respect of a sum of
money beyond the pecuniary jurisdiction of the Court. the
Court shall send the execution case to the Court of the
District Judge to which the said Court is subordinate, and
thereupon the Court of the District Judge or any other
competent Court to which it may be transferred by the
District Judge shall deal with it in the same manner as if
the case had been originally instituted in that Court.
Rule 46D Order XXI of Code of Civil Procedure 1908 "Procedure where debt belongs to third person"
Where it is suggested or appears to be probable that the debt belongs to third person or that any third person has a lien or charge on, or other interest in such debt, the Court may order such third person to appear and state the nature and particulars of his claim,. if any, to such debt and prove the same.
Rule 46E Order XXI of Code of Civil Procedure 1908 "Order as regard third person"
After hearing such third person and any person or persons who may subsequently be ordered to appear, or where such third person or other person or persons do not appear when so ordered, the Court may make such order as is hereinbefore provided, or such other order or orders upon such terms, if any, with respect to the lien, charge or interest, as he case may be, of such third or other person or persons as it may decree fit and proper.
Rule 46F Order XXI of Code of Civil Procedure 1908 "Payment by garnishee to be valid discharge"
Payment made by the garnishee on notice under rule 46A or under any such order as aforesaid shall be a valid discharge to him as against the judgment-debtor and any other person ordered to appear as aforesaid for the amount paid or levied, although the decree in execution of which the application under rule 46A was made, or the order passed in the proceedings on such application may be set aside or reversed.
Rule 46G Order XXI of Code of Civil Procedure 1908 "Costs"
The costs of any application made under rule 46A and of any proceeding arising therefrom or incidental thereto shall be in the discretion of the Court.
Rule 46H Order XXI of Code of Civil Procedure 1908 "Appeals"
An order made under rule 46B, rule 46C or rule 46E shall be appealable as a decree.
Rule 46I Order XXI of Code of Civil Procedure 1908 "Application to negotiable instruments"
The provisions of rule 46A to 46H (both inclusive) shall, so far as may be, apply in relation to negotiable attached under rule 51 as they apply in relation to debts.
Rule 47 Order XXI of Code of Civil Procedure 1908 "Attachment of share in movables"
Where the property to be attached consists of the share or interest of the judgment-debtor in movable property belonging to him and another as co-owners, the attachment shall be made by a notice to the judgment-debtor prohibiting him from transferring the share or interest or charging it in any way.