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 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. HIGH COURT AMENDMENTS ANDHRA PRADESH.- Same as that of Madras. ASSAM AND NAGALAND.- Same as that of Calcutta. CALCUTTA ANDMAN AND NICOBAR ISLANDS.- Read for Rule 43 as follow: “Where the property to be attached is moveable 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, and, 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.”(3.11.1933 and 29.5.1941).
DELHI AND HIMACHAL PRADESH.- Same as that of Punjab and (31.10.66). (25.1.71).
GUJARAT.- Same as that of Madhya Pradesh. (17.8.61). KARNATAKA- Delete Rule 43 and substitute the following: “43. (1) Same as that of Kerala up to 2nd proviso of Rule 43 (1) except for the words “agricultural implements” in 2nd proviso, and add the following clause after the 2nd proviso: “(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”. (b) Same as that of Patna. (2) Same as that of Kerala. (30 .3.1967). KERALA LACCADIVE, MINICOY AND AMINDIVI ISLAND.- For Rule 43, the following rule shall be substituted, 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 expenses 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. 15-A 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 this 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 party to the proceedings”. (9.6.1959).
MADHYA PRADESH.- Substitute the following for Rule 43:
Same as that of Kerala up to the 2nd proviso where the words end it has been attached” and after those words add the following: “(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. (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 includes both livestock the other articles, a separate list of the livestock shall similarly be prepared and attested.” 16.9.1960). MADRAS AND PONDICHERRY.- Substitute the following rule for Rule 43. Sub-rule (1) and (2) of Rule 43 are the same as that of Kerala. (5.9.1958). ORISSA.- Same as that of Patna. PATNA.- Substitute the following for Rule 43:
“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, and the attaching officer shall be responsible for the due custody thereof.”
Proviso is the same as that of Kerala 1st proviso. (18.10.1933).
PUNJAB, HA.RYA.NA AND CHANDIGARH.- (i) Sub-rule (1) and (2) are same as that of Kerala (1) and (2) except that in (i) add the following clause (c): ‘(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 15-B of Appendix E with one or more sureties for its production.” (ii) after sub-section (1) and (2) add the following: “(3) When property is made over to a custodian under sub-clause (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 who made the attachment, (c) the person whose property is attached and made over, and (d) two respectable witnesses, One copy will be transmitted to the Court by the attaching officer and placed on the record of the proceedings under which the attachment has been ordered, one copy will be made over to the person whose property is attached and one copy will be made over to the custodian.” (1.11.1936).
RAJASTHAN.- Same as that of Punjab except that in clause (c) read “Patwari” for “Lambardar” (23.12.1964) and (11.3.1965).
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