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The Code of Civil Procedure, 1908: page 213

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 213, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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    (3) On the appearance of the defendant in pursuance of the summons or warrant, or on his voluntary
surrender, the Court shall direct the surety to be discharged from his obligation, and shall call upon the
defendant to find fresh security.
     4. Procedure where defendant fails to furnish security or find fresh security.—Where the defendant
fails to comply with any order under rule 2 or rule 3, the Court may commit him to the civil prison until the
decision of the suit or, where a decree is passed against the defendant, until the decree has been satisfied:
     Provided that no person shall be detained in prison under this rule in any case for a longer period than
six months, nor for a longer period than six weeks when the amount or value of the subject-matter of the
suit does not exceed fifty rupees:
    Provided also that no person shall be detained in prison under this rule after he has complied with
such order.
                                            Attachment before judgment
    5. Where defendant may be called upon to furnish security for production of
property.—(1) Where, at any stage of a suit, the Court is satisfied, by affidavit or otherwise, that the
defendant, with intent to obstruct or delay the execution of any decree that may be passed against him,—
         (a) is about to dispose of the whole or any part of his property, or
         (b) is about to remove the whole or any part of his property from the local limits of the
    jurisdiction of the Court,                                       e
                                                                od
the Court may direct the defendant, within a time to be fixed by it, either to furnish security, in such sum
as may be specified in the order, to produce and place at the disposal of the Court, when required, the said
                                                            aC
property or the value of the same, or such portion thereof as may be sufficient to satisfy the decree, or to
appear and show cause why he should not furnish security.
                                                          di
    (2) The plaintiff shall, unless the Court otherwise directs, specify the property required to be attached
and the estimated value thereof.                     In
    (3) The Court may also in the order direct the conditional attachment of the whole or any portion of
the property so specified.
    1
      [(4) If an order of attachment is made without complying with the provisions of sub-rule (1) of this
rule, such attachment shall be void.]
    6. Attachment where cause not shown or security not furnished.—(1) Where the defendant fails
to show cause why he should not furnish security, or fails to furnish the security required, within the time
fixed by the Court, the Court may order that the property specified, or such portion thereof as appears
sufficient to satisfy any decree which may be passed in the suit, be attached.
    (2) Where the defendant shows such cause or furnishes the required security, and the property
specified or any portion of it has been attached, the Court shall order the attachment to be withdrawn, or
make such other order as it thinks fit.
   7. Mode of making attachment.—Save as otherwise expressly provided, the attachment shall be
made in the manner provided for the attachment of property in execution of a decree.
    2
      [8. Adjudication of claim to property attached before judgment.—Where any claim is preferred to
property attached before judgment, such claim shall be adjudicated upon in the manner hereinbefore provided
for the adjudication of claim to property attached in execution of a decree for the payment of money.]
    9. Removal of attachment when security furnished or suit dismissed.—Where an order is made
for attachment before judgment, the Court shall order the attachment to be withdrawn when the defendant
furnishes the security required, together with security for the cost of the attachment, or when the suit is
dismissed.



1. Ins. by Act 104 of 1976, s. 85 (w.e.f. 1-2-1977).
2. Subs. by s. 85, ibid., for rule 8 (w.e.f. 1-2-1977).

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