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Report No. 27

Order XXI, rule 48A (New)

After rule 48 of Order XXI of the First Schedule to the principal Act, the following rule shall be inserted, namely:-

"48A. Attachment of salary or allowances of private employees.-(1) Where the property to be attached is the salary or allowances of a servant other than a servant to whom rule 48 applies, the Court, where the disbursing officer of the employed is within the local limits of the Court's jurisdiction, may order that the amount shall, subject to the provisions of section 60, be withheld from such salary or allowances either in one payment or by monthly instalments as the Court may direct; and upon notice of 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 proportion 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-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 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.".

Order XXI, rule 50

In rule 50 of Order XXI of the First Schedule to the principal Act,-

(a) in the proviso to sub-rule (1), for the words and figures "section 247 of the Indian Contract Act, 1872 (9 of 1872)" the words and figures "section 30 of the Indian Partnership Act, 1932 (9 of 1932)" shall be substituted;

(b) the following sub-rule shall be inserted at the end, namely:-

"(5) Nothing in this rule applies to a decree passed against a Hindu undivided family by virtue of the provisions of rule 10 of Order XXX."

Order XXI, rule 53

In rule 53 of Order XXI of the First Schedule to the principal Act,-

(a) in sub-rule (1),

(i) for clause (b), the following clause shall be substituted, namely:-

"(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

(ii) the holder of the decree sought to be executed, or his judgment-debtor if he has obtained the consent in writing of the decree-holder or the permission of the attaching Court, applies to the Court receiving such notice to execute the attached decree;"

(b) in sub-rule (6), after the words "in contravention of such order", the words "with knowledge thereof or" shall be inserted.

Order XXI, rule 54

In rule 54 of Order XXI of the First Schedule to the principal Act,-

(a) after sub-rule (1), the following sub-rule shall be inserted namely:-

"(1A) The order shall also require the judgment-debtor to attend Court on a date to be fixed by the Court, to take notice of the date fixed for settling the terms of the proclamation of sale";

(b) in sub-rule (2), after the words "in the office of the Collector of the district in which the land is situate", the following words shall be inserted, namely:-

"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."

Code of Civil Procedure, 1908 Back

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