Custody and disposal of movable properties

Custody and disposal of movable properties A decree may have to be executed by attachment and sale of J.D.'s property. The attachment of movable property, other than agricultural produce, in possession of judgment debtor is to be made as per provisions of O.21 R 43 of C.P.Code by actual seizure. The attaching officer shall keep the property in his own custody or in the custody of one of his subordinates, and shall be responsible for the due custody thereof. However, when the property seized is subject to speedy and natural decay, or when the expense of keeping it in custody is likely to exceed its value, the attaching officer may sell it at once. When the property attached consists of live-stock, agricultural implements or other articles which cannot conveniently be removed and the attaching officer does not act under the proviso to rule 43, he may, at the instance of the judgment debtor or of the decree holder or of any other person claiming to be interested in such property, leave it in the village or place where it has been attached, in the custody of any respectable person as the “custodian However, if the custodian fails, after due notice, to produce such property at the place named by the court before the officer deputed for the purpose or to restore it to the person in whose favour restoration is ordered by the court, or if the property, though so produced or restored, is not in the same condition as it was when it was entrusted to him,— (a) the custodian shall be liable to pay compensation to the decree holder,judgment debtor or any other person who is found to be entitled to the restoration thereof, for any loss or damage caused by his default; and (b) such liability may be enforced— (i) at the instance of the decree holder, as if the custodian were a surety under section 145; (ii) at the instance of the judgment debtor or such other person, on an application in execution; and (c) any order determining such liability shall be appealable as a decree. When the decree directs delivery of specific movable property, the court would have indicated the amount to be recovered as an alternative if delivery of specific movable property can not be effected. If delivery of such property can not be effected by seizure or by detention of JD in civil prison or attachment of his other property, the court may award to the D.H. the amount indicated in the decree. If no such amount is indicated in the decree, the executing court would fix such compensation as it thinks fit and award to D.H.