38. Warrant for arrest to direct judgment-debtor to be brought up. Every warrant for the arrest of a judgment-debtor shall direct the officer entrusted with its execution to bring him before the Court with all convenient speed, unless the amount which he has been ordered to pay, together with theKEEP READING
39. Subsistence allowance. (1) No judgment-debtor shall be arrested in execution of a decree unless and until the decree-holder into Court such sum as the Judge thinks sufficient for the subsistence of the judgment-debtor from the time of his arrest until he can be brought before the Court. (2) WhereKEEP READING
40. Proceedings on appearance of judgement-debtor in obedience to notice or after arrest. (1) When a judgment-debtor appears before the Court in obedience to a notice issued under rule 37, or is brought before the Court after being arrested in execution of a decree for the payment of money, theKEEP READING
Attachment of property. 41. Examination of judgment-debtor as to his property. (1) Where a decree is for the payment of money the decree-holder may apply to the Court for an order that- (a) The judgment-debtor, or (b) where the judgment-debtor is a corporation, any officer thereof, or (c) any other person,KEEP READING
42. Attachment in case of decree for rent or mesne profits or other matter, amount of which to be subsequently determined. Where a decree directs an inquiry as to rent or mesne profits or any other matter, the property of the judgment-debtor may, before the amount due from him hasKEEP READING
43. Attachment of movable property, other than agricultural produce, in possession of judgment-debtor. Where the property to be attached is movable property, other than agricultural produce, in the possession of the judgment-debtor, the attachment shall be made by actual seizure, and the attaching officer shall keep the property in hisKEEP READING
43A. Custody of movable property. (1) Where the property attached consists of live-stock, agricultural implements or other articles which cannot conveniently be removed and the attaching officer does not act under the proviso to rule 43, he may, at the instance of the judgment-debtor or of the decree-holder or ofKEEP READING
44. Attachment of agricultural produce. Where the property to be attached is agricultural produce, the attachment shall be made by affixing a copy of the warrant of attachment- (a) where such produce is a growing crop, on the land on which such crop has grown, or (b) where such produceKEEP READING
45. Provisions as to agricultural produce under attachment. (1) Where agricultural produce is attached, the Court shall make such arrangements for the custody thereof as it may deem sufficient and, for the purpose of enabling the Court to make such arrangements, every application for the attachment of a growing cropKEEP READING
46. Attachment of debt, share and other property not in possession of Judgment-debtor. (1) In the case of- (a) a debt not secured by a negotiable instrument, (b) a share in the capital of a corporation, (c) other movable property not in the possession of the judgment- debtor, except propertyKEEP READING
46A. Notice to garnishee. (1) The Court may in the case of a debt (other than a debt secured by a mortgage or a charge) which has been attached under rule 46, upon the application of the attaching creditor, issue notice to the garnishee liable to pay such debt, callingKEEP READING
46B. Order against garnishee. Where the garnishee does not forthwith pay into Court the amount due from him to the judgment-debtor or so much thereof as is sufficient to satisfy the decree and the costs of execution, and does not appear and show cause in answer to the notice, theKEEP READING
46C. Trial of disputed questions. Where the garnishee disputes liability, the Court may order that any issue or question necessary for the determination of liability shall be tried as if it were an issue in a suit, and upon the determination of such issue shall make such order or ordersKEEP READING
46D. Procedure where debt belongs to third person. Where it is suggested or appears to be probable that the debt belongs to some third person, or that any third person has a lien or charge on, or other interest in such debt, the Court may order such third person toKEEP READING
46E. Order as regards third person. After hearing such third person and any person or persons who any subsequently be ordered to appear, or where such third or other person or persons do not appear when so ordered, the Court may make such order as is hereinbefore provided, or suchKEEP READING
46F. Payment by garnishee to be valid discharge. Payment made by the garnishee on notice under rule 46A or under any such order as aforesaid shall be a valid discharge to him as against the judgment-debtor and any other person ordered to appear as aforesaid for the amount paid orKEEP READING
