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The Code of Civil Procedure, 1908: page 169

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 169, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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         (b) if the decree sought to be attached was passed by another Court, then by the issue to such
      other Court of a notice by the Court which passed the decree sought to be executed, requesting
      such other Court to stay the execution of its decree unless and until—
                (i) the Court which passed the decree sought to be executed cancels the notice, or
                1
                  [(ii) (a) the holder of the decree sought to be executed, or
                      (b) his judgment-debtor with the previous consent in writing of such decree-holder, or
                with the permission of the attaching Court,
      applies to the Court receiving such notice to execute the attached decree.]
     (2) Where a Court makes an order under clause (a) of sub-rule (1), or receives an application under
sub-head (ii) of clause (b) of the said sub-rule, it shall, on the application of the creditor who has attached
the decree or his judgment-debtor, proceeds to execute the attached decree and apply the net proceeds in
satisfaction of the decree sought to be executed.
    (3) The holder of a decree sought to be executed by the attachment of another of decree the nature
specified in sub-rule (1) shall be deemed to be the representative of the holder of the attached decree and
to be entitled to execute such attached decree in any manner lawful for the holder thereof.
    (4) Where the property to be attached in the execution of a decree is a decree other than a decree of
the nature referred to in sub-rule (1), the attachment shall be made, by a notice by the Court which passed
the decree sought to be executed, to the holder of the decree sought to be attached, prohibiting him from
                                                                              e
transferring or charging the same in any way; and, where such decree has been passed by any other Court,
                                                                             od
also by sending to such other Court a notice to abstain from executing the decree sought to be attached
until such notice is cancelled by the Court from which it was sent.
                                                                     aC
    (5) The holder of a decree attached under this rule shall give the Court executing the decree such
information and aid as may reasonably be required.
                                                                di
    (6) On the application of the holder of a decree sought to be executed by the attachment of another
                                                          In
decree, the Court making an order of attachment under this rule shall give notice of such order to the
judgment-debtor bound by the decree attached; and no payment or adjustment of the attached decree
made by the judgment-debtor in contravention of such order 2[with knowledge thereof or] after receipt of
notice thereof, either through the Court or otherwise, shall be recognized by any Court so long as the
attachment remains in force.
    54. Attachment of immovable property.—(1) Where the property is immovable, the attachment
shall be made by an order prohibiting the judgment-debtor from transferring or charging the property in
any way, and all persons from taking any benefit from such transfer of charge.
     2
     [(1A) The order shall also require the judgment-debtor to attend Court on a specified date to take
notice of the date to be fixed for settling the terms of the proclamation of sale.]
     (2) The order shall be proclaimed at some place on or adjacent to such property by beat of drum or other
customary mode, and a copy of the order shall be affixed on a conspicuous part of the property and then
upon, a conspicuous part of the Court-house, and also, where the property is land paying revenue to the
Government, in the office of the Collector of the district in which the land is situate 2[and, where the property
is land situate in a village, also in the office of the Gram Panchayat, if any, having jurisdiction over that
village.]
     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 expense, and a copy of the
    proclamation shall be affixed in the manner prescribed by the last preceding rule.

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

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