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The Code of Civil Procedure, 1908: page 167

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 167, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

Source: official India Code PDF · catalog record. Fetched 2026-10-19T23:06:46Z. SHA-256 393b8848fdfc476a21cc3abf4f0d3f510557e2dff6fc6914b1f379bea1730614.

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        1
     [(3) Every order made under this rule, unless it is returned in accordance with the provisions of
sub-rule (2) shall, without further notice or other process, bind the appropriate Government or the railway
company or local authority or corporation of Government company, as the case may be, while the
judgment-debtor is within the local limits to which this Code for the time being extends and while he is
beyond those limits, if he is in receipt of any salary or allowances payable out of the Consolidated Fund of
India or the Consolidated Fund of the State or the funds of a railway company or local authority or
corporation or Government company in India; and the appropriate Government or the railway company or
local authority or corporation or Government company, as the case may be, shall be liable for any sum paid in
contravention of this rule.]
        2
         [Explanation.—In this rule, “appropriate Government” means,—
        (i) as respects any person in the service of the Central Government, or any servant of a railway
    administration or of a cantonment authority or of the port authority of a major port, or any servant of
    a corporation engaged in any trade or industry which is established by a Central Act, or any servant of
    a Government company in which any part of the share capital is held by the Central Government or
    by more than one State Governments or partly by the Central Government and partly by one or more
    State Governments, the Central Government;
       (ii) as respects any other servant of the Government, or a servant of any other local or other
    authority, or any servant of a corporation engaged in any trade or industry which is established by a
    Provincial or State Act, or a servant of any other Government company, the State Government.]
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    3                                                                     od
    [48A. Attachment of salary or allowances of private employees.—(1) Where the property to be
attached is the salary or allowances of an employee other than an employee to whom rule 48 applies, the
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Court, where the disbursing officer of the employee is within the local limits of the Court’s jurisdiction,
may order that the amount shall, subject to the provision of section 60, be withheld from such salary or
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allowances either in one payment or by monthly instalments as the Court may direct; and upon notice of
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the order to such disbursing officer, such disbursing officer shall remit to the Court the amount due under
the order, or the monthly instalments, as the case may be.
   (2) Where the attachable portion of such salary or allowances is already being withheld or remitted to
the Court in pursuance of a previous and unsatisfied order of attachment, the disbursing officer shall
forthwith return the subsequent order to the Court issuing it with a full statement of all the particulars of
the existing attachment.
   (3) Every order made under this rule, unless it is returned in accordance with the provisions of
sub-rule (2), shall, without further notice or other process, bind the employer while the
judgment-debtors, is within the local limits to which this Code for the time being extends and while he is
beyond those limits, if he is in receipt of salary or allowances payable out of the funds of an employer in
any part of India, and the employer shall be liable for any sum paid in contravention of this rule.]
    49. Attachment of partnership property.—(1) Save as otherwise provided by this rule, property
belonging to a partnership shall not be attached or sold in execution of a decree other than a decree
passed against the firm or against the partners in the firm as such.
     (2) The Court may, on the application of the holder of a decree against a partner, make an order
charging the interest of such partner in the partnership property, and profits with payment of the amount due
under the decree, and may, by the same or a subsequent order, appoint a receiver of the share of such partner
in the profits (whether already declared or accruing) and of any other money which may be coming to him in
respect of the partnership, and direct accounts and inquiries and make an order for the sale of such interest or
other orders as might have been directed or made if a charge had been made in favour of the decree holder
by such partner, or as the circumstances of the case may require.
    (3) The other partner or partners shall be at liberty at any time to redeem the interest charged or, in
the case of a sale being directed, to purchase the same.


1. Subs. by Act 104 of 1976, s. 72, for sub-rule (3) (w.e.f. 1-2-1977).
2. Subs. by s. 72, ibid., for Explanation (w.e.f. 1-2-1977).
3. Ins. by s. 72, ibid. (w.e.f. 1-2-1977).

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