The properties that can be attached:
The properties that can be attached: a) Immovable properties (O.21 R.54) b) Movable properties: Warrant of attachment – Form No.8/app.E/CPC Bond for safe custody of] Of movable properties ] - Form No.15 A/app.E/CPC attached ] O.21 Rule 43 Rule 252 of CRP (procedure for attaching movables) Rule 253 of CRP (attachment of cash and jewels) Sec.62 CPC Rule 254 of CRP (custody of fire arms) c) Attachment of standing crops and agricultural produce Sec.61 CPC Order 21 Rules 44 & 45 d) Attachment of debt/share/other property not in possession of J.Dr. (Garnishee procedure) O.21 Rule 46, 46-A to 46-I e) Attachment of Decrees O.21 Rule 53 – Form 22/App.E/CPC – Notice u/Form 23/App.E/CPC Rules 243, 244, 245 of C.R.P. Form Nos.63, 64 & 65 of Civil Rules of Practice f) Attachment of salary: Form 19/App.E/CPC O.21 Rule 48 Government Servant O.21 Rule 48-A Private Employee Salary particulars must be called for – M.G.Brothers Finance Ltd –Vs- J.Badharinath & Others (2006(3) L.S.421) O.21 R.48 (1) – Attachment of salary of Govt.Servant residing in another town – Attachment can be made inview of Sec.39 (4) CPC - Yes Please Refer: Selam Advocate Bar Association, Tamilnadu Vs Union of India (AIR 2005 SC 3353) Janapathi Jaipal Reddy –Vs- Sunnihitha Chit Funds Pvt Ltd, rep.by its Foremen, Karimangar and others(2009 (5) ALT 17) Amount payable under voluntary retirement scheme (VRS) is not exempt from attachment Repati Venkata Ramana –Vs- K. Venakteswararao Patnayak {1993 (2) A.L.T. 393} Pension amount deposited in the bank is liable for attachment S.Nagappa –vs- KP Hanumappa {2004 (2) A.LT. 364} Pension and gratuity once reached the hands of employee concerned, the exemption ceases. Bandi Chinna Ramalinga Reddy @ Chinna Ramalingaiah –Vs- Nellory Srinivasulu & others {2006 (3) A.L.T. 205} Please Refer: (Union of India Vs Jyothi Chit Funds and Finance and others (1976) 3 SCC 607) Union of India Vs Wing Commandar R.R Hingorani (1987) 1 SCC 551 Radhe shyam Gupta Vs Punjab National Bank and another (2009 (1) ALD 79 (SC) Memo Dt.10-07-2009 issued by the Government g). Negotiable instruments O.21 Rule 51 – Order in -Form No.20/App.E/CPC h). Decree for rent and future mesne profits O.21 Rule 42