Order 22, rule 40 of Civil Procedure Rules : Attachment of share and other property not in possession of judgment-debtor

    

(1) In the case of—
(a) a share in the capital of a corporation; or
(b) other movable property not in the possession of the judgment-debtor,
for the attachment of which specific provision is not made by these Rules the attachment shall be made by a written order prohibiting—
(i) in the case of the share, the person in whose name the share may be standing from transferring the same or receiving any dividend thereon; or
(ii) in the case of the other movable property except as aforesaid, the person in possession of the same from giving it over to the judgment-debtor.
(2) A copy of such order shall be affixed on some conspicuous part of the precincts of the court, and another copy shall be sent, in the case of the share, to the proper officer of the corporation, and, in the case of the other movable property (except as aforesaid) to the person in possession of the same.
(3) If the person in possession of the movable property does not lay claim to such property under rule 51, the court may make an order for actual seizure of the property as if it were in the possession of the judgment-debtor.


Disclaimer: This document is not to be taken as legal advise.

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