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How to raise an Attachment ?

(Querist) 09 January 2009 This query is : Resolved 
In an Execution proceeding,

The 4th Judgment Debtor was a surety in a money suit.

In proceedings some one undertook to file vakalath for him and he was set exparte and his salary was now attached.

Now 60 days gone after the day of attachment. What is the remedy available to him?
PALNITKAR V.V. (Expert) 09 January 2009
He should appear before the executing court and apply for setting aside the Ex parte order which can be done if justifies his abscence, file his say preferably through some good advocate and try to raise attachment. If his liability is not joint and several, he can show that it is the principal debtor whose property should be attached first. Even otherwise the surety can show that the principal debtor is having property which can be attached and sold to recover dues.
smilingadvocate (Expert) 09 January 2009
First you file an application under order 21 rule 106 of CPC for setting aside of the exparte order or raise of attachment can be under section 151 of cpc
G. ARAVINTHAN (Querist) 10 January 2009
What is the solution in case of delay in filing the petition to setaside the exparte order?
RAKHI BUDHIRAJA ADVOCATE (Expert) 10 January 2009
My both Ld. friends are absolutely right.
Guest (Expert) 10 January 2009
File an application for condonation of delay under Section 5 of the Limitation cat read with Section 151 of CPC supported by an affidavit.


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