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Section 88. Attachment of property of person absconding

(1) The Court issuing a proclamation under section 87 may at any time order the attachment of any property, moveable or immovable, or both, belonging to the proclaimed person.

(2) Such order shall authorize the attachment of any property belonging to such person within the district in which it is made; and it shall authorize the attachment of any property belonging to such person without such district when endorsed by the [2] [3] within whose district such property is situate.

(3) If the property ordered to be attached is a debt or other moveable property, the attachment under this section shall be made—

  1. by seizure; or
  2. by the appointment of a receiver; or
  3. by an order in writing prohibiting the delivery of such property to the proclaimed person or to any one on his behalf; or [1] [2] [3]
  4. by all or any two of such methods, as the Court thinks fit.

(4) If the property ordered to be attached is immoveable, the attachment under this section shall, in the case of land paying revenue to [1] , be made through the [2] in which the land is situate, and in all other cases__

  1. by taking possession ; or
  2. by the appointment of a receiver; or
  3. by an order in writing prohibiting the payment of rent or delivery of property to the proclaimed person or to any one on his behalf; or
  4. by all or any two of such methods, as the Court thinks fit.

(5) If the property ordered to be attached consists of live-stock or is of a perishable nature, the Court may, if it thinks it expedient, order immediate sale thereof, and in such case the proceeds of the sale shall abide the order of the Court.

(6) The powers, duties and liabilities of a receiver appointed under this section shall be the same as those of a receiver appointed under [3] [4] . [5]

(7) If the proclaimed person does not appear within the time specified in the proclamation, the property under attachment shall be at the disposal of [1] , but it shall not be sold until the expiration of six months from the date of the attachment [2] , unless it is subject to speedy and natural decay, or the Court considers that the sale would be for the benefit of the owner, in either of which cases the Court may cause it to be sold whenever it thinks fit.

Annotations (3)
  • amendment [1] the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch., for “has reason to believe (whether after taking evidence or not)”.
  • amendment [2] Ord. No. XXXVII of 2001, s. 24.
  • annotation [3] “or Chief Presidency Magistrate” omitted by Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), Art. 3 and Sch.
  • Permalink: http://laws.alianwaar.com/crpc/88

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