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The Code of Civil Procedure, 1908: page 164

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 164, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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     1
       [43A. Custody of movable property.—(1) Where the property attached consists of live-stock,
agricultural implements or other articles which cannot conveniently be removed and the attaching officer does
not act under the proviso to rule 43, he may, at the instance of the judgment-debtor or of the decree holder or of
any other person claiming to be interested in such property, leave it in the village or place where it has
been attached, in the custody of any respectable person (hereinafter referred to as the “custodian”).
     (2) If the custodian fails, after due notice, to produce such property at the place named by the Court
before the officer deputed for the purpose or to restore it to the person in whose favour restoration is
ordered by the Court, or if the property, though so produced or restored, is not in the same condition as it
was when it was entrusted to him,—
          (a) the custodian shall be liable to pay compensation to the decree-holder, judgment-debtor or any
     other person who is found to be entitled to the restoration thereof, for any loss or damage caused by
     his default; and
          (b) such liability may be enforced—
               (i) at the instance of the decree-holder, as if the custodian were a surety under section 145;
               (ii) at the instance of the judgment-debtor or such other person, on an application in
          execution; and
          (c) any order determining such liability shall be appealable as a decree.]
       44. Attachment of agricultural produce.—Where the property to be attached is agricultural
produce, the attachment shall be made by affixing a copy of the warrant of attachment,—
                                                                       e
          (a) where such produce is a growing crop, on the land on which such crop has grown, or
                                                                 od
          (b) where such produce has been cut or gathered, on the threshing floor or place for treading out
     grain or the like or fodder-stack on or in which it is deposited,
                                                              aC
and another copy on the outer door or on some other conspicuous part of the house in which the
judgment-debtor ordinarily resides or, with the leave of the Court, on the outer door or on some other
                                                          di
conspicuous part of the house in which he carries on business or personally works for gain or in which he
                                                         In
is known to have last resided or carried on business or personally worked for gain; and the produce shall
thereupon be deemed to have passed into the possession of the Court.
     45. Provisions as to agricultural produce under attachment.—(1) Where agricultural produce is
attached, the Court shall make such arrangements for the custody thereof as it may deem sufficient and,
for the purpose of enabling the Court to make such arrangements, every application for the attachment of
a growing crop shall specify the time at which it is likely to be fit to be cut or gathered.
     (2) Subject to such conditions as may be imposed by the Court in this behalf either in the order of
attachment or in any subsequent order, the judgment-debtor may tend, cut, gather and store the produce and do
any other act necessary for maturing or preserving it; and if the judgment-debtor fails to do, all or any of such
acts, the decree-holder may, with the permission of the Court and subject to the like conditions, do all or any of
them either by himself or by any person appointed by him in this behalf and the costs incurred by the
decree-holder shall be recoverable from the judgment-debtor as if they were included in, or formed part of, the
decree.
     (3) Agricultural produce attached as a growing crop shall not be deemed to have ceased to be under
attachment or to require re-attachment merely because it has been served from the soil.
     (4) Where an order for the attachment of a growing crop has been made at a considerable time before
the crop is likely to be fit to be cut or gathered, the Court may suspend the execution of the order for such
time as it thinks fit, and may, in its discretion, make a further order prohibiting the removal of the crop
pending the execution of the order of attachment.
     (5) A growing crop which from its nature does not admit of being stored shall not be attached under
this rule at any time less than twenty days before the time at which it is likely to be fit to be cut or gathered.
     46. Attachment of debt, share and other property not in possession of judgment-debtor.—(1) In
the case of—
          (a) a debt not secured by a negotiable instrument,


 1. Ins. by Act 104 of 1976, s. 72. (w.e.f. 1-2-1977).


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