Rule 48 Order XXI of Code of Civil Procedure 1908 "Attachment of salary or allowances of servant of the Government or railway company or local authority"
(1) Where the property to be attached is the salary or
allowances of a 28[servant of the Government] or of a
servant if a railway company or local authority 9[or of a
servant corporation engaged in any trade or industry which
is established by a Central Government, Provincial or State
Act, or a Government company as defined in section 617 of
the Companies Act, 1956 (1 of 1956) the Court, whether the
judgment-debtor or the disbursing officer is or is not
within the local limits of the Court's jurisdiction, may
order that the amount shall, subject to the provisions of
section 60, be withheld from such salary or allowances
either in one payment or by monthly installments as the
Court may direct; and, upon notice of the order to such
officer as the appropriate Government may by notification in
the Official Gazette appoint in this behalf,-
(a) where such salary or allowances are to be disbursed
within the local limits to which this Code for the time
being extends, the officer or other person whose duty it is
to disburse the same shall withhold and remit to the Court
the amount due under the order, or the monthly installments,
as the case may be;
(b) where such salary or allowances are to the disbursed
beyond the said limits, the officer or other person within
those limits whose duty it is to instruct the disbursing
authority regarding the amount of the salary or allowances
to be disbursed shall remit to the Court the amount due
under the order, or the monthly installments, as the case
may be, and shall direct the disbursing authority to reduce
the aggregate of the amounts from time to time, to be
disbursed by the aggregate of the amounts from time to time
remitted to the Court.
(2) Where the attachable proportions of such salary or
allowances is already being withheld and remitted to a Court
in pursuance of a previous and unsatisfied order of
attachment, the officer appointed by the appropriate
Government in this behalf shall forthwith return the
subsequent order to the Court issuing it with a full
statement of all the particulars of the existing attachment.
(3) Every order made under this rule, unless it is returned
in accordance with the provisions of sub-rule (2) shall,
without further notice or other process, bind the
appropriate Government or the railway company or local
authority or corporation or Government company, as the case
may be, while the judgment-debtor is within the local limits
to which this Code for the time being extends and while he
is beyond those limits, if he is in receipt of any salary or
allowances payable out of the Consolidated Fund of India or
the Consolidated Fund of the State or the funds of a railway
company or local authority or corporation or Government
company in India; and the appropriate Government or the
railway company or local authority or corporation a
Government company, as the case may be, shall be liable for
any sum paid in contravention of this ruler.
Explanation.-In this rule, "appropriate Government" means,-
(i) as respects any person in the service of the Central
Government, or any servant of a railway administration or of
a cantonment authority or of the port authority of a major
port, or any servant of a corporation engaged in any trade
or industry which is established by a Central Act, or any
servant of a Government company in which any part of the
share capital is held by the Central Government or by more
than one State Governments or partly by the Central
Government and partly by one or more State Government and
the Central Government;
(ii) as respects any other servant of the Government, or a
servant of any other local or other authority, or any
servant of a corporation engaged in any trade or industry
which is established by a Provincial or State Act, or a
servant of any other Government company, the State
Government.
Rule 48A Order XXI of Code of Civil Procedure 1908 "Attachment of salary or allowances of private employees"
(1) Where the property to be attached is the salary
or allowances of an employee other than an employee to
whom rule 48 applies, the Court, where the disbursing
officer of the employee is within the local limits of
the Court's jurisdiction, may order that the amount
shall, subject to the provisions of section 60, be
withheld from such salary or allowances either in one
payment or by monthly installments as the Court may
direct; and upon notice of the order to such disbursing
officer, such disbursing officer shall remit to the
Court the amount due under the order, or the monthly
installments, as the case may be.
(2) Where the attachable portion of such salary or
allowances is already being withheld or remitted to the
Court in pursuance of a previous and unsatisfied order
of attachment, the disbursing officer shall forthwith
return the subsequent order to the Court issuing it with
of all the particulars of the existing attachment.
(3) Every order mode under this rule, unless it is
returned in accordance with the provisions of sub-rule
(2), shall, without further notice or other process,
bind the employer while the judgment-debtors is within
the local limits to which this Code for the time being
extents and while he is beyond those limits, if he is in
receipt of salary or allowances payable out of the funds
of an employer in any part of India; and the employer
shall be liable for any sum paid in contravention of
this rule.
Rule 49 Order XXI of Code of Civil Procedure 1908 "Attachment of partnership property"
(1) Save as otherwise provided by this rule, property
belonging to a partnership shall not be attached or sold in
execution of a decree other than a decree passed against
firm or against the partners in the firm as such.
(2) The Court may, on the application of the holder of a
decree against a partner, make an order charging the
interest of such partner in the partnership property, and
profits with payment of the amount due under the decree, and
may, by the same or a subsequent order, appoint a receiver
of the share of such partner in the profits (whether already
declared or accruing) and of any other money which may be
coming to him in respect of the partnership, and direct
accounts and inquiries and make an order for the sale of
such interest or other orders as might have been directed or
made if a charge had been made in favour of the
decree-holder by such partner, or as the circumstances of
the case may require.
(3) The other partner or partners shall be at liberty at any
time to redeem the interest charged or, in the case of a
sale being directed, to purchase the same.
(4) Every application for an order under sub-rule (2) shall
be served on the judgment-debtor and on his partners or such
of them as are within India.
(5) Every application made by any partner of the
judgment-debtor under sub- rule (3) shall be served on the
decree-holder and on the judgment-debtor, and on such of the
other partners as do not join in the application and as are
within India.
(6) Service under sub-rule (4) or sub-rule (5) shall be
deemed to be service on all the partners and all orders made
on such application shall be similarly served.
Rule 50 Order XXI of Code of Civil Procedure 1908 "Execution of decree against firm"
(1) Where a decree has been passed against a firm,
execution may be granted-
(a) against any property of the partnership;
(b) against any person who has appeared in his own name
under rule 6 or rule 7 of Order XXX or who has admitted on
the pleadings that he is, or who has been adjudged to be, a
partner ;
(c) against any person who has been individually served as a
partner with a summons and has failed to appear;
Provided that noting in this sub-rule shall be deemed to
limit or otherwise affect the provisions of a section 30 of
the Indian Partnership Act, 1932 (9 of 1932).
(2) Where the decree-holder claims to be entitled to cause
the decree to be executed against any person other than such
a person as is referred to in sub-rule (1), clauses (b) and
(c), as being a partner in the firm he may apply to the
Court which passed the decree for leave, and where the
liability is not disputed, such court may grant such leave,
or, where such liability is disputed, may order that the
liability of such persons be tried and determined in any
manner in which any issue in a suit may be tried and
determined.
(3) Where the liability of any person has been tried and
determined under sub-rule (2) the order made thereon shall
have the same force and be subject to the same conditions as
to appeal or otherwise as if were a decree.
(4) Save as against any property of the partnership, a
decree against a firm shall not lease, render liable or
otherwise affect any partner therein unless he has been
served with a summons to appear and answer.
(5) Nothing in this rule shall apply to a decree passed
against a Hindu Undivided Family by virtue of the provisions
of rule 10 of Order XXX.
Rule 51 Order XXI of Code of Civil Procedure 1908 "Attachment of negotiable instruments"
Where the property is a negotiable instrument not deposited in a Court, not in the custody of a public officer, the attachment shall be made by actual seizure, and the instrument shall be brought into Court and held subject to further orders of the Court.
Rule 52 Order XXI of Code of Civil Procedure 1908 "Attachment of property in custody of Court or Public officer"
Where the property to be attached is in the custody of
any Court or public officer, the attachment shall be made by
a notice to such Court or officer, requesting that such
property, and. an interest or dividend becoming payable
thereon, may be held subject to the further orders of the
Court from which the notice is issued :
Provided that, where such property is in the custody of a
Court, any quest on of title or priority arising between the
decree-holder and any other person, not being the judgment
-debtor, claiming to be interested in such property by
virtue of any assignment, attachment or otherwise, shall be
determined by such Court.
Rule 53 Order XXI of Code of Civil Procedure 1908 "Attachment of decrees"
(1) Where the property to be attached is a decree, either
for the payment of money or for sale in enforcement of a
mortgage or charge, the attachment shall be made,-
(a) if the decrees were passed by the same Court, then by
order if such Court, and
(b) if the decree sought to be attached was passed by
another Court. then by the issue to such other Court of a
notice by the Court which passed the decree sought to be
executed, requiting such other Court to stay the execution
of its decree unless and until-
(i) the Court which passed the decree sought to be executed
cancels the notice, or
(ii) (a) the holder of the decree sought to be executed, or
(c) his judgment-debtor with the previous consent in writing
of such decree-holder. or with the permission of the
attaching Court,
applies to the Court receiving such notice to execute the
attached decree.
(2) Where a Court makes an order under clause (a) of
sub-rule (1), or receives an application under subhead (ii)
of clause (b) of the said sub-rule, it shall, on the
application of the creditor who has attached the decree or
his judgment-debtor, proceeds to execute the attached decree
and apply the net proceeds in satisfaction of the decree
sought to be executed.
(3) The holder of a decree sought to be executed by the
attachment of another of decree the nature specified in
sub-rule (1) shall be deemed to be the representative of the
holder of the attached decree and, to be entitled to
executive such attached decree in any manner lawful for the
holder thereof.
(4) Where the property, to be attached in the execution of a
decree is a decree other than a decree of the nature
referred to in sub-rule (1) the attachment shall be made by
a notice by the Court which passed the decree sought to be
executed, to the holder of the decree sought to be attached,
prohibiting him from transferring or charging the same in
any way; and, where such decree has been passed by any other
Court, also by sending to such other Court a notice to
abstain from executing the decree sought to be attached
until such notice is cancelled by the Court from which it
was sent.
(5) The holder of a decree attached under this rule shall
give the Court executing the decree such information and aid
as may reasonably be required.
(6) On the application of the holders of a decree sought to
be executed by the attachment of another decree, the Court
making an order of attachment under this rule shall give
notice of such order to the judgment-debtor bound by the
decree attached; and no payment of the attached decree made
by the judgment-debtor in contravention of such order
16[knowledge thereof or] after receipt of notice thereof,
either through the Court or otherwise, shall be recognized
by any Court so long as the attachment remains in force.
Rule 54 Order XXI of Code of Civil Procedure 1908 "Attachment of immovable property"
(1) Where the property is immovable, the attachment shall
be made by an order prohibiting the judgment-debtor from
transferring or charging the property in any way, and all
persons from taking any benefit from such transfer or
charge.
(A) The order shall also require the judgment-debtor to
attend Court on a specified date to take notice of the date
to be fixed for settling the terms of the proclamation of
sale.
(2) The order shall be proclaimed at some place on or
adjacent to such property by beat of drum or other customary
mode, and a copy of the order shall be affixed on a
conspicuous part of the property and then upon conspicuous
part of the courthouse, and also, where the property is land
paying revenue to the Government, in the office of the
Collector of the district in which the land is situate and,
where the property is land situate in a village, also in the
office of the Gram Panchayat, if any, having jurisdiction
over that village
Rule 55 Order XXI of Code of Civil Procedure 1908 "Removal of attachment after satisfaction of decree"
Where -
(a) the amount decreed with costs and all charges and
expenses resulting from the attachment of any property are
paid into Court, or
(b) satisfaction of the decree is otherwise made through the
Court or certified to the Court, or
(c) the decree is set aside or reversed,
the attachment shall be deemed to be withdrawn, and in the
case of immovable property, the withdrawal shall. if the
judgment-debtor so desires, he proclaimed at his expense,
and a copy of the proclamation shall be affixed in the
manner prescribed by the last preceding rule.
Rule 56 Order XXI of Code of Civil Procedure 1908 "Order for payment of coin or currency notes to party entitled under decree"
Where the property attached is current coin or currency notes, the Court may, at any time during the continuance of the attachment, direct that such coin or notes or a part thereof sufficient to satisfy the decree, be paid over to the party entitled under the decree to receive the same.
Rule 57 Order XXI of Code of Civil Procedure 1908 "Determination of attachment"
(1) Where any property has been attached in execution of
a decree and the Court, for any reason, passes an order
dismissing the application for the execution of the decree,
the Court shall direct whether the attachment shall continue
or cease and shall also indicate the period up to which such
attachment shall continue or the date on which such
attachment shall cease.
(2) If the Court omits to give such direction, he attachment
shall be deemed to have ceased.