nitinpanchal 15 March 2015

Execution of warrant of attachment of movable

Sir/madam,

kindly provide information that whether in absence of judgement debtor court bailif can execute warrant of attachment for movable property lying in the house of judgement debtor. whether bailif can attach movable property in absence of judgement debtor.

is there any rule or procedure laid down in CPC ?

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3 Replies

vivek malhotra (Advocate) 15 March 2015

Yes it can be attached. But you have to mention in the court that JD is not available and you need assistance from the local police to break open the locks and attach the goods to the satisfaction of the Decree.

Vivek Malhotra

Advocate

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nitinpanchal 15 March 2015

Thanks Sir,

but if bailif refused to execute warrant of attachment in absence of JD, how to convince them..or what procedure or rule we can show them and force them to proceed for execution of warrant.