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The Code of Civil Procedure, 1908: page 168

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 168, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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    (4) Every application for an order under sub-rule (2) shall be served on the judgment-debtor and on
his partners or such of them as are within 1[India].
    (5) Every application made by any partner of the judgment-debtor under sub-rule (3) shall be served
on the decree-holder and on the judgment-debtor, and on such of the other partners as do not join in the
application and as are within 1[India].
    (6) Service under sub-rule (4) or sub-rule (5) shall be deemed to be service on all the partners and all
orders made on such applications shall be similarly served.
    50. Execution of decree against firm.—(1) Where a decree has been passed against a firm,
execution may be granted—
          (a) against any property of the partnership;
        (b) against any person who has appeared in his own name under rule 6 or rule 7 of Order XXX or
     who has admitted on the pleadings that he is, or who has been adjudged to be, a partner;
          (c) against any person who has been individually served as a partner with a summons and has
     failed to appear:
      Provided that nothing in this sub-rule shall be deemed to limit or otherwise affect the provisions
of 2[section 30 of the Indian Partnership Act, 1932 (9 of 1932)].
                                                                            e
    (2) Where the decree-holder claims to be entitled to cause the decree to be executed against any
                                                                           od
person other than such a person as is referred to in sub-rule (1), clauses (b) and (c), as being a partner in
the firm, he may, apply to the Court which passed the decree for leave, and where the liability is not
                                                                    aC
disputed, such Court may grant such leave, or, where such liability is disputed, may order that the liability
of such person be tried and determined in any manner in which any issue in a suit may be tried and
determined.                                                    di
                                                         In
    (3) Where the liability of any person has been tried and determined under sub-rule (2), the order made
thereon shall have the same force and be subject to the same conditions as to appeal or otherwise as if it
were a decree.
    (4) Save as against any property of the partnership, a decree against a firm shall not lease, render liable
or otherwise affect any partner therein unless he has been served with a summons to appear and answer.
     3
     [(5) Nothing in this rule shall apply to a decree passed against a Hindu Undivided Family by virtue
of the provisions of rule 10 of Order XXX.]
     51. Attachment of negotiable instruments.—Where the property is a negotiable instrument not
deposited in a Court, not in the custody of a public officer, the attachment shall be made by actual seizure,
and the instrument shall be brought into Court and held subject to further orders of the Court.
     52. Attachment of property in custody of Court or public officer.—Where the property to be
attached is in the custody of any Court or public officer, the attachment shall be made by a notice to such
Court or officer, requesting that such property, and any interest or dividend becoming payable thereon,
may be held subject to the further orders of the Court from which the notice is issued:
     Provided that, where such property is in the custody of a Court, any question of title or priority arising
between the decree-holder and any other person, not being the judgment-debtor, claiming to be interested
in such property by virtue of any assignment, attachment or otherwise, shall be determined by such Court.
    53. Attachment of decrees.—(1) Where the property to be attached is a decree, either for the
payment of money or for sale in enforcement of a mortgage or charge, the attachment shall be made,—
         (a) if the decrees were passed by the same Court, then by order of such Court, and



1. Subs. by Act 2 of 1951, s. 3, for “the States”.
2. Subs. by Act 104 of 1976, s. 72, for certain words (w.e.f. 1-2-1977).
3. Ins. by s. 72, ibid. (w.e.f. 1-2-1977).

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