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 property deposited in, or in the custody of, any Court,
the attachment shall be made by a written order prohibiting,-
(i) in the case of the debt, the credit or from recovering the debt and the debtor from making payment thereof until the further order of the Court;
(ii) 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;
(iii) 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 court-house, and another copy shall be sent in the case of the debt, to the debtor, 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) A debtor prohibited under clause (i) of sub-rule (1) may pay the amount of his debt into Court, and such payment shall discharge him as effectually as payment to the party entitled to receive the same. 

Read CPC in a better and systematic way.

Download beautiful, colourful CPC PDF.

WritingLaw
Latest posts by WritingLaw (see all)
WritingLaw » CPC » Order 21, Rule 46 CPC
Study Material
Law PDFs
Law Tests
Everything
For everyone in law
🟢
53 Bare Act PDFs
Beautiful, colorful PDFs to read anywhere
🟢
110+ complimentary PDFs
100 Law Notes + Legal Maxims, and more...
Pay just once
₹340
Free updates
Read all details Buy all Law PDFs
For those who have read Bare Acts
🟠
23 subject wise tests
These tests have MCQs from one law subject
🟠
10 mixed law tests
These tests have MCQs from multiple subjects
Pay just once
₹1200
Keep test PDFs forever
Read all details Buy all Law Tests
Best Value: ₹215 Discount
🟡
All Law PDFs worth Rs 340
53 Bare Act PDFs + All complimentary PDFs
🟡
All Law Tests worth Rs 1200
33 tests + 33 test PDFs
Pay just once
₹1325
All PDFs for lifetime
Read all details Buy all PDFs and all Tests