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Bare acts > Code of Civil Procedure, 1908 > Order 21 Rule 55
 
  


 

55. 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the attachment shall be deemed to be withdrawn, and, in the case of immovable property, the withdrawal shall, if the judgment debtor so desires, be proclaimed at his expenses, and a copy of the proclamation shall be affixed in the manner prescribed by the last preceding rule.

HIGH COURT AMENDMENT

ALLAHABAD.- Substitute the following for Rule 55:


“55. (1) Notice shall be sent to the sale officer executing a decree of all applications for rateable distribution of assets made under Section 73 (1) in respect of the property of the same J.D. by persons other than the holder of the decree for the execution of which the original order was passed.

(a) if the property is movable, made an order postponing the sale pending the adjudication of the claim or objection, or

(b) if the property is immovable, make and order that, pending the adjudication of the claim or objection, the property shall not be sold, or, that pending such adjudication, the property may be sold but the sale shall not be confirmed,
and any such order may be made subject to such terms and conditions as to security or otherwise as the Court thinks fit.]

 

 

 

 

 

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