TNCOS Rules 124अध्याय XI · Execution
धारा 124 · Attachment of decree
अक्षर आकार — स्तर 1, कुल 4 में से
(1)
Where the property to be attached is a decree either for the payment of money or for sale in enforcement of a mortgage or charge, the attachment shall be made,-(a)
if the decree sought to be attached was passed by a Registrar or by any person to whom a dispute was transferred by a Registrar under section 90 or by an Arbitrator or Arbitrators within the local limits of the jurisdiction of a Registrar, then, by the order of the Registrar concerned.(b)
if the decree sought to be attached was passed by a Court and has not been sent for execution to any other Court, then, by the issue to such Court of a notice by the Registrar concerned, requesting such Court to stay the execution of its decree unless and until-(c)
if the decree sought to be attached is pending execution in a Court which did not pass the same, then by the Registrar seeking to attach such decree in execution, sending the notice referred to in clause (b) to such Court, whereupon the provisions of that clause shall apply in the same manner as if such Court had passed the decree and the said notice had been sent to it in pursuance of the said clause.(2)
Where a Registrar makes an order under clause (a) of sub-rule (1) or when a Court receives a notice under sub-clause (ii) of clause (b) of the said sub-rule, such Registrar or Court shall, on the application of the decree-holder who has attached the decree or on the application of the judgement-debtor, proceed to execute the attached decree and apply the net proceeds in satisfaction of the decree sought to be executed.(3)
The holder of a decree sought to be executed by the attachment of another decree of the nature specified in sub-rule (1) shall be deemed to be the representative of the holder of the attached decree and be entitled to execute such attached decree in any manner lawful for the holder thereof.(4)
Where the property to be attached in execution of a decree is a decree other than a decree of the nature referred to in sub-rule (1), the attachment shall be made by the issue of a notice by the Registrar to the holder of such decree, prohibiting him from transferring or charging the same in anyway; and where such decree has been passed by any Court or by a different Registrar or by a person to whom a dispute was transferred under section 90 by a different Registrar or an Arbitrator or Arbitrators in another district, also by sending to such Court or to the Registrar, as the case may be, a notice to abstain from executing the decree sought to be attached until such notice is cancelled by the Registrar who sends the notice.(5)
The holder of a decree attached under this rule shall give the Court or the Registrar executing the decree such information and aid as may, reasonably, be required.(6)
On the application of the holder of a decree sought to be executed by the attachment of another decree, the Registrar making an order of attachment under this rule shall give notice of such order to the judgement-debtor bound by the decree attached, and no payment or adjustment of the attached decree made by the judgement-debtor in contravention of such order after receipt of notice thereof, either through the said Registrar or otherwise, shall be recognised so long as the attachment remains in force.इस धारा पर आपका निजी नोट
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