Law Maker

THE FIRST SCHEDULE · ORDER XXI Execution of Decrees and Orders · Attachment of property

Order XXI Rule 54: Attachment of immovable property

The Code of Civil Procedure, 1908

(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 of charge.

1[(1A) 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, a conspicuous part of the Court-house, 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 1[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.]

Footnotes in the official text

  1. 1.Ins. by s. 72, ibid. (w.e.f. 1-2-1977).

Practise questions on Civil Procedure Code