Order 21A CPC - Code of Civil Procedure - EXECUTION OF DECREES AND OrderS

 Order 21A CPC Description



Payment under decree


33. Discretion of Court in executing decrees for restitution of conjugal rights


(1) Notwithstanding anything in rule 32, the Court, either at the time of passing a decree 1[against a husband] for the restitution of conjugal rights or at any time afterwards, may Order that the decree 2[shall be executed in the manner provided in this rule.]


(2) Where the Court has made an Order under sub-rule (1) 3[* * *] it may Order that, in the event of the decree not being obeyed within such period as may be fixed in this behalf, the judgment-debtor shall make to the decree-holder such periodical payments as may be just, and, if it thinks fit, require that the judgment-debtor shall, to its satisfaction, secure to the decree-holder such periodical payments.


(3) The Court may from time to time vary or modify any Order made under sub-rule (2) for the periodical payment of money, either by altering the times of payment or by increasing or diminishing the amount, or may temporarily suspend the same as to the whole or any part of the money so Ordered to be paid, and again review the same, either wholly or in part as it may think just.


(4) Any money Ordered to be paid under this rule may be recovered as though it were payble under a decree for the payment of money.


1. Ins. by Act 29 of 1923, sec. 3


2. Subs. by Act 29 of 1923, sec. 3, for "shall not be executed by detention prison."


3. The words "and the decree-holder is the wire" omitted by Act 29 of 1923, sec. 3.


34. Decree for execution of document, or endoresment of negotiable instrument


(1) Where a decree is for the execution of a document or for the endorsement for a negotiable instrument and the judgment-debtor neglects or refuses to obey the decree, the decree-holder may prepare a draft of the document or endorsement in accordance with the terms of the decree and deliver the same to the Court.


(2) The Court shall thereupon cause the draft to be served on the judgment-debtor together with a notice requiring his objections (if any) to be made within such time as the Court fixes in this behalf.


(3) Where the judgment-debtor objects to the draft,'his objections shall be stated in writing within such time, and the court shall make such Order approving or altering the draft, as it thinks fit.


(4) The decree-holder shall deliver to the Court a copy of the draft with such alterations (if any) as the Court may have directed upon the proper stamp-paper if a stamp is required by the law for the time being in force; and the Judge or such officer as may be appointed in this behalf shall execute the document so delivered.


(5) The execution of a document or the endorsement of a negotiable instrument under this rule may be in the following form, namely :-


"CD., Judge of the Court of


(or as the case may be), for A.B. in suit by E.F. against A.B.", and shall have the same effect as the execution of the document or the endorsement of the negotiable instrument by the party Ordered to execute or endorse the same.


1[(6) (a) Where the registration of the document is required under any law for the time being in force, the Court, or such officer of the court as may be authorised in this behalf by the Court, shall cause the document to be registered in accordance with such law.


(b) Where the registration of the doucment is not so required, but the decree-holder desires it to be registered, the Court may make such Order as it thinks fit.


(c) Where the Court makes any Order for the registration of any document, it may make such Order as it thinks fit as to the expenses of registration.]


1. Subs, by Act No. 104 of 1976 for sub-rule (6) (w.e.f. 1-2- 1977).


35. Decree for immovable property


(1) Where a decree is for the delivery of any immovable property, possession thereof shall be delivered to the party to whom it has been adjudged, or to such person as he may appoint to receive delivery on his behalf, and, if necessary, by removing any person bound by the decree who refuses to vacate the property.


(2) Where a decree is for the joint possession of immovable property, such possession shall be delivered by affixing a copy of the warrant in some conspicuous place on the property and proclaiming the beat of drum, or other customary mode, at some convenient place, the substance of the decree.


(3) Where possession of any building on enclosure is to be delivered and the person in possession, being bound by the decree, does not afford free access, the Court, through its officers, may, after giving reasonable warning and facility to any woman not appearing in public according to the customs of the country to withdraw, remove or open any lock or bolt or break open any door or do any other act necessary for putting the decree-holder in possession.


HIGH COURT AMENDMENT


Madras.-In Order XXI, in rule 35, after sub-rule (3), insert the following as sub-rule, namely:-


"(4) Where delivery of possession of a house is to be given and it is found to be locked, Orders of Court shall be taken for breaking open the lock for delivery of possession of the same to the decree-holder.


If it is found at the time of delivery that there are movables in the home to which the decree-holder has no claim and the judgment-debtor is absent, or if present, does not immediately remove the same, the officer entrusted with the warrant for delivery shall make an inventory of the articles so found with their probable value, in the presence of respectable persons on the spot, have the same attested by them and leave the movables in the custody of the decree-holder after taking a bond from him for keeping the articles in safe-custody pending Orders of Court for disposal of the same.


The officer shall then make a report to the Court and forward therewith the attested inventory taken by him.


The Court shall, thereupon, issue a notice to the judgment-debtor requiring him to take delivery of the said movable within thirty days from the date of the notice and in default they will be sold in public auction at his risk and the proceeds applied for meeting all legitimate expenses of custody and sale and the balance, if any, will be refunded to the Judgment-debtor:


Provided that if movable articles referred to above are perishable, the officer shall sell them in public auction immediately, and bring the proceeds into Court. The notice to the Judgment-debtor shall in such a case call upon him to receive the amount from Court within three months." (w.e.f. 17-8-1966)


36. Decree for delivery of immovable property when in occupancy of tenant


Where a decree is for the delivery of any immovable property in the occupancy of a tenant or other person entitled to occupy the same and not bound by the decree to relinquish such occupancy, the Court shall Order delivery to be made by affixing a copy of the warrant in some conspicuous place on the property, and proclaiming to the occupant by beat of drum or other customary mode, at some convenient place, the substance of the decree in regard to the property. Arrest and detention in the civil prison


Arrest and detention in the civil prion


37. Discretionary power to permit judgment debtor to show cause against detention in prison


(1) Notwithstanding anything in these rules, where an application is for the execution of a decree for the payment of money by the arrest and detention in the civil prison of a judgment-debtor who is liable to be arrested in pursuance of the application, the Court shall, instead of issuing a warrant for his arrest, issue a notice calling upon him to appear before the Court on a day to be specified in the notice and show cause why he should not be committed to the civil prison:


1[Provided that such notice shall not be necessary if the Court is satisfied, by affidavit, or otherwise, that, with the object or effect of delaying the execution of the decree, the judgment-debtor is likely to abscond or leave the local limits of the jurisdiction of the Court.]


(2) Where appearance is not made in obedience to the notice, the Court shall, if the decree-holder so requires, issue a warrant for the arrest of the judgment-debtor.


HIGH COURT AMENDMENTS


Allahabad.-In Order XXI, in rule 37, in sub-rule (1), for the word "shall", substitute the word "may" and omit the proviso.


[Vide Notification No. 43/IIM-29, dated 1st June, 1957.]


Patna.-In Order XXI, in rule 37, in sub-rule (1), for the word "shall", substitute the word "may", (w.e.f. 5-4-1961)


1. Ins. by Act 21 of 1936, sec. 3.


38. Warrant for arrest to direct judgment-debtor to be brought up


Every warrant for the arrest of a judgment-debtor shall direct the officer entrusted with its execution to bring him before the Court with all convenient speed, unless the amount which he has been Ordered to pay, together with the interest thereon and the costs (if any) to which he is liable, be sooner paid.


HIGH COURT AMENDMENTS


Andhra Pradesh.-Same as in Madras.


Karnataka.-In Order XXI, in rule 38, at the end, insert the words "or unless satisfaction of the decree be endorsed by the decree-holder on the warrant in the manner provided in sub-rule (3) of rule 25 of this Order", (w.e.f. 30-3-1967)


Kerala.-Same as in Madras.


[Vide Notification No. Bl-3312/58, dated, 7th April, 1959.]


Madras.-In Order XXI, in rule 38, at the end, insert the words "or unless satisfaction of the decree be endorsed by the decree-holder on the warrant in the manner provided in rule 25(2) above". (w.e.f. 30-3-1967)


39. Subsistence allowance


(1) No judgment-debtor shall be arrested in execution of a decree unless and until the decree-holder into pays Court such sum as the Judge thinks sufficient for the subsistence of the judgment-debtor from the time of his arrest until he can be brought before the Court.


(2) Where a judgment-debtor is committed to the civil prison in execution of a decree, the Court shall fix for his subsistence such monthly allowance as he may be entitled to according to the scales fixed under section 57, or, where no such scales have been fixed, as it considers sufficient with reference to the class to which he belongs.


(3) The monthly allowance fixed by the Court shall be supplied by the party on whose application the judgment-debtor has been arrested by monthly payments in advance before the first day of each month.


(4) The first payment shall be made to the proper officer of the Court for such portion of the current month as remains unexpired before the judgment-debtor is committed to the civil prison, and the subsequent payments (if any) shall be made to the officer in charge of the civil prison.


(5) Sums disbursed by the decree-holder for the subsistence of the judgment-debtor in the civil prison shall be deemed to be costs in the suit:


Provided that the judgment-debtor shall not be detained in the civil prison or arrested on account of any sum so disbursed.


HIGH COURT AMENDMENTS


Allahabad.-In Order XXI, in rule 39, in sub-rule (5), omit the words "in the civil prison".


[Vide Notification No. 4084/35{a)-3(7)/ dated 24th July, 1926.]


Andhra Pradesh.-Same as in Madras.


Bombay.-(i) In Order XXI, in rule 39, in sub-rule (1), at the end, insert the words "and for the cost of conveyance of the judgment-debtor from the place of his arrest to the Court-house".


(ii) for sub-rules (4) and (5), substitute the following sub-rules, namely:- *


"(4) Such sum (if any) as the Judge thinks sufficient for the subsistence and costs of conveyance of the judgment-debtor for his journey from the Court-house to the civil prison and from the civil prison on his release, to his usual place of residence, together with the first of the payments in advance under sub-rule (3) for such portion of the current month as remain! unexpired, shall be paid to the proper officer of the Court before the judgment-debtor is committed to the civil prison, and the subsequent payments {if any) shall be paid to the officer in charge of the civil prison.


(5) Sums disbursed under this rule by the decree-holder for the substance and costs of conveyance (if any) of the judgment-debtor shall be deemed to be costs in the suit:


Provided that the judgment-debtor shall not be detained in the civil prison or arrested on account of any sum so disbursed."


Calcutta.-In Order XXI, in rule 39, in sub-rule (5), omit the words "in the civil prison".


[Vide Notification No. 3516-G, dated 3rd February, 1933.]


Delhi.-Same as in Punjab.


Gauhati.-Same as in Calcutta.


Gujarat.-Same as in Bombay.


Himachal Pradesh.-Same as in Punjab.


Karnataka.-In Order XXI, in rule 39, for sub-rules (4) and (5), substitute sub-rules (4) and (5) as in Bombay (ii). (w.e.f. 30-3-1967)


Kerala.-In Order XXI, in rule 39, substitute sub-rules (4) and (5) as in Bombay (ii) without the proviso.


Madhya Pradesh.-Same as in Bombay (i) and (ii) without the proviso, (w.e.f. 16-9-1960)


Madras.-(i) In Order XXI, in rule 39, in sub-rule (1), at the end, insert the words "and for payment of the charges for conveyance of the judgment-debtor by bus, train or otherwise whichever is available from the place of arrest to the Court-house".


(ii) for sub-rules (4) and (5), substitute sub-rules (4) and (5) as in Bombay (ii) without the proviso.


Orissa.-Same as in Patna.


Patna.-In Order XXI, in rule 39, in sub-rule (5), omit the words "in the civil prison" in the first place where they occur.


Punjab.-In Order XXI, in rule 39, in sub-rule (5), omit the words "in the civil prison".


[Vide Notification No. 125-Gaz-XI-Y-14, dated 17th April, 1932.]


1[40. Proceedings on appearance of judgement-debtor in obedience to notice or after arrest


(1) When a judgment-debtor appears before the Court in obedience to a notice issued under rule 37, or is brought before the Court after being arrested in execution of a decree for the payment of money, the Court shall proceed to hear the decree-holder and take all such evidence as may be produced by him in support of his application for execution and shall then give the judgment-debtor an opportunity of showing cause why he should not be committed to the civil prison. i (2) Pending the conclusion of the inquiry under sub-rule (1) the Court may, in its discretion, Order the judgment-debtor to be detained in the custody of an officer of the Court or, release him on his furnishing security to the satisfaction of the Court for his appearance when required.


(3) Upon the conclusion of the inquiry under sub-rule (1) the Court may, subject to the provisions of section 51 and to the other provisions of the Code, make an Order for the detention of the judgment-debtor in the civil prison and shall in that event cause him to be arrested if he is not already under arrest:


Provided that in Order to give the judgment-debtor an opportunity of satisfying the decree, the Court may, before making the Order of detention, leave the judgment-debtor in the custody of an officer of the Court for a specified period not exceeding fifteen days or release him on his furnishing security to the satisfaction of the Court for his appearance at the expiration of the specified period if the decree be not sooner satisfied.


(4) A judgment-debtor released under this rule may be re-arrested.


(5) When the Court does not make an Order of detention under sub-rule (3), it shall disallow the application and, if the judgment-debtor is under arrest, direct his release.


1. Subs. by Act 21 of 1936, sec. 4, for rule 40.


HIGH COURT AMENDMENTS


Bombay.-In Order XXI, in rule 40, after sub-rule (5), insert the following sub-rules, namely:-


"(6) When a judgment-debtor is Ordered to be detained in the custody of an officer of the Court under sub-rule (2) or the proviso to sub-rule (3) above, the Court may direct the decree-holder to deposit such amount as having regard to the specified or probable length of detention, will provide-


(a) for the subsistence of the judgment-debtor at the rate to which he is entitled under the scales fixed under section 57, and


(b) for the payment to the officer of the Court in whose custody the judgment-debtor is placed of such fees""(including lodging charges) in respect thereof as the Court may by Order fix:


Provided (i) that the subsistence allowance and the fees payable to the officer of the Court shall not be recovered for more than one month at a time, and (ii) that the Court may from time to time require the decree-holder to deposit such further sums as it deems necessary.


(7) If a decree-holder fails to deposit any sum as required under sub-rule


(6) above, the Court may disallow the application and direct the release of the judgment-debtor.


(8) Sums disbursed by the decree-holder under sub-rule (6) shall be deemed to be costs in the suit:


Provided that the judgment-debtor shall not be detained in the civil prison or arrested on account of any sum so disbursed." (w.e.f. 1-10-1983)


Gujarat.-In Order XXI, in rule 40, after sub-rule (5), insert sub-rules (6) and (7) as in Bombay.


Karnataka.-In Order XXI, in rule 40, after sub-rule (5), insert sub-rules (6) and (7) as in Madras with the following modifications:-


(i) in sub-rule (6), after rule 37, omit the words and figures "or 38";


(ii) in sub-rule (6), for the words "Subordinate Judge or District Munsif" subsitute the words "Judge";


(iii) in sub-rule (6), omit the words "and the Judge signing the warrant of commital in the above cases shall also have the same powers as the Judge who issued the warrant in respect of passing such Orders as may be appropriate under sub-rule (1), (3) and (5) of this rule".


Kerala.-In Order XXI, in rule 40,-


(i) for sub-rule (2), substitute the following sub-rule, namely:-


"(2) Pending the conclusion of the inquiry under sub-rule (1), the Court shall release the judgment-debtor on his furnishing security to the satisfaction of the Court for his appearance when required and if the judgment-debtor fails to furnish the security Ordered, the Court may Order the judgment-debtor to be detained in the custody of an officer of the Court on the decree-holder depositing in Court the necessary amounts payable to the judgment-debtor and the officer of the Court in connection with such detention." (w.e.f 16-1-1990)


(ii) substitute the sub-rules (6) and (7) as in Madras but in sub-rule (6) for the words "District Munsif", substitute the word "Munsif". (w.e.f 16-9-1960)


Madhya Pradesh.-In Order XXI, in rule 40, insert sub-rules (6), (7) and (8) as in Bombay. (16-9-1960)


Madras.-In Order XXI, in rule 40, insert the following sub-rule, namely:-


"(6) During the temporary absence of the Judge who issued the warrant under rule 37 or 38, the warrant of committal may be signed by any other Judge of the same Court or by any Judicial Officer superior in rank who has jurisdiction over the same locality 'or' where the arrest is made on a warrant issued by the District Judge, the warrant of committal may be signed by any Subordinate Judge or District Munsif empowered in writing by the District Judge in this behalf and the Judge signing the warrant of committal in the above cases shall also have the same powers as the Judge who issued the warrant in respect of passing such Orders as may be appropriate under sub-rules (1), (3) and (5) of this rule.


(7) No judgment-debtor shall be committed to the civil prison or brought before the Court from the custody to which he has been committed pending the consideration of any of the matters mentioned in sub-rule (1) unless and until the decree-holder pays into Court such sum as the Judge may think sufficient to meet the travelling and subsistence expenses of the judgment-debtor and the escort. sub-rule (5) of rule 39 shall apply to such payments." (w.e.f. 5-9-1968)


Attachment of property


41. Examination of judgment-debtor as to his property


1[(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) 2[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.


3[(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.]


1. Rule 41 renumbered as sub-rule (1) of that rule by Act No. 104 of 1976, (w.e.f. 1-2-1977).


2. Subs, by Act No. 104 of 1976, for "in the case of a corporation" (w.e.f. 1-2-1977).


3. Ins. by Act No. 104 of 1976 (w.e.f. 1-2-1977).


42. 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.


43. Attachment of movable property, other than agricultural produce, in possession of judgment-debtor


Where the property to be attached is movable property, other than agricultural produce, in the possession of the j udgment-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.


HIGH COURT AMENDMENTS


Andhra Pradesh.- Same as in Madras.


Calcutta.-In Order XXI, for rule 43, substitute the following sub-rule, namely:-


"43. 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 at the identification of the decree-holder or his agent, save as otherwise prescribed, 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 does not, in the opinion of the attaching officer, exceed twenty rupees in value or 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."


[Vide Notification No. 25585-G, dated 3rd November, 1933 and Notification No. 4440-G, dated 29th May, 1941.]


Delhi.-Same as in Punjab.


Gauhati.-Same as in Calcutta.


Gujarat.-Same as in Madhya Pradesh. (w.e.f. 17-8-1961)


Himachal Pradesh.-Same as in Punjab.


Karnataka.-In Order XXI, in rule 43, same as in Madras with the following modifications:-


(i) in the second proviso omit the words "agricultural implements"


(ii) for clause (a), substitute the following clause, namely:-


"(a) in the charge of the person at whose instance the property is retained if such person enters into a bond in the prescribed form with one or more sureties for its production when called for, or."


Kerala.-In Order XXI, for rule 43, substitute the following rule, namely:-


"43. Attachment of moveable property other than agricultural produce, in possession of judgment-debtor.-(1) 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 any 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, and:


Provided also that when the property attached consists of livestock, agricultural implements or other articles which cannot be conveniently removed and the attaching officer does not act, under the first proviso to this rule, he may, at the instance of the judgment-debtor, or of the decree-holder, or of any person claiming to be interested in such property, leave it in the village or at the place where it has been attached.


(a) in the charge of the person at whose instance the property is retained in such village or place, if such person enters into a bond in Form No. 15A of Appendix E to this Schedule with one or more sufficient sureties for its production when called for; or '


(b) in the charge of an officer of the Court, if a suitable place for its safe custody is provided and the remuneration of the officer for a period of 15 days at such rate as may from time to time be fixed by the High court be paid in advance.


(2) Whenever an attachment made under the provisions of this rule ceases for any of the reasons specified in rule 55 or rule 57 or rule 60 of this Order, the Court may Order the restitution of the attached property to the person in whose possession it was before attachment.


(3) When attached property is kept in the village or place where it is attached.-Whenever attached property is kept in the village or place where it is attached, the attaching officer shall forthwith report the fact to the Court and shall with his report forward a list of the properties seized.


(4) Procedure when attached property is neither sold nor kept in the village or place where it is attached.-If attached property is not sold under the first proviso to rule 43 or retained in the village or place where it is attached under the second proviso to that rule, it shall be brought to the Court-house and delivered to the proper officer of the Court.


(5) Where attached property kept in the village etc. is livestock.-Whenever attached property kept in the village or place where it is attached is livestock, the person at whose instance it is so retained shall provide for its maintenance, and, if he fails to do so and if it is in charge of an officer of the Court, it shall be removed to the Court�house.


Nothing in his rule shall prevent the judgment-debtor or any person claiming to be interested in such live stock from making such arrangements, for feeding the same as may not be inconsistent with its safe custody.


(6) Direction for sums expended by attaching officer.-The Court may direct that any sums which have been expended by the attaching officer or are payable to him, if not duly deposited or paid, be recovered from the proceeds of property if sold, or be paid by the person declared entitled to delivery before he receives the same. The Court may also Order that any sums deposited or paid under these rules be recovered as costs of the attachment from any parry to the proceedings."


[Vide Notification No. Bl-3312/58, dated 7th April, 1959.]


Madhya Pradesh.-(i) In Order XXI,-


(i) renumber rule 43 as sub-rule (1) thereof;


(ii) in sub-rule (1) as so renumbered, in the proviso, at the end before semi colon, insert the word "and";


(iii) in sub-rule (!) as so renumbered, after the proviso, insert the following further proviso, namely:-


"Provided also that when the property attached consist of live-stock, agricultural implements or other articles which cannot be conveniently removed, and the attaching officer does not act under the first proviso to this rule, he may at the instance of the judgment-debtor or of the decree-holder or any person claiming to be interested in such property, leave it in the village or at the place where it has been attached-


(a) In the charge of the judgment-debtor, or of the station pound-keeper, if any, or


(b) In the charge of the decree-holder, or of the person claiming to be interested in such property or of such respectable person as will undertake to keep such property, on his entering into a bond with one or more sureties in an amount not less than the value of the property, that he will take proper care of such property and produce it when called for." (iv) after sub-rule (1) as so renumbered insert the following sub-rule namely:- ":


"(2) The attaching officer shall make a list of the property attached and shall obtain thereto the acknowledgment of the person in whose custody the property is left, and if possible of the parties to the suit, and of at least one respectable person in attestation of the correctness of the list. If the property attached include both livestock and other articles, a separate list of (tie livestock shall similarly be prepared and attested." (w.e.f. 16-94960)


Madras.-In Order XXI,-


(i) renumber rule 43 as sub-rule (1) thereof;


(ii) in sub-rule (1) as so renumbered, in the proviso, at the end, before colon insert the word "and";


(iii) in sub-rule (1) as so renumbered, after the proviso, insert the following further proviso, namely:-


"Provided also that, when the property attached consists of live-stock, agricultural implements or other articles which cannot conveniently by removed and the attaching officer does not act under the first proviso to this rule, he may at the instance of the judgment-debtor or of the decree-holder or of any person claiming to be interested in such property leave it in the village or place where it has been attached-


(a) in the charge of the person at whose instance the property is retained in such village or place, if such person enters into a bond in Form No ISA of Appendix E to this Schedule with one or more sufficient sureties for its production when called for, or


(b) in the charge of an officer of -the Court, if a suitable place for its safe custody be provided and the remuneration of the officer for a period of 15 days at such rate as may from time to time be fixed by the High Court be paid in advance."


(iv) after sub-rule (1) as so renumbered, insert the following sub-rule, namely:-


(2) Whenever an attachment made under the provisions of this rule ceases for any of the reasons specified in rule 55 or rule 57 or rule 60 of this Order, the Court may Order the restitution of the attached property to the person in whose possession it was before attachment."


Orissa.-Same as in Patna.


Patna.-(a) In Order XXI, in rule 43, omit the words "shall keep the property in his own custody or in the custody of one of his subordinates, and."


Punjab.-(i) In Order XXI,-


(i) re-number rule 43 as sub-rule (1) thereof;


(ii) in sub-rule (1) as so renumbered, insert a further proviso which is same as in Madras with addition of the following clause, namely:-


"(c) in the charge of a village lambardar or such other respectable person as will undertake to keep such property, subject to the Orders of the Court, if such person enters into a bond in Form No. 15B of Appendix E, with one or more sureties for its production.";


(iii) Insert sub-rule (2) which is same as in Madras (iv);


(iv) after sub-rule (2) insert the following sub-rule, namely:-


"(3) When property is made over to custodian under sub-clause as (a) or (c) of clause (1), the Schedule of property annexed to the bond shall be drawn up by the attaching officer in triplicate, and dated and signed by;


(a) the custodian and his sureties;


(b) the officer of the Court made the attachment;


(c) the person whose property is att

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