Rule 43A of CPC : Rule 43A: Custody of movable property.
CPC
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Explanation using Example
Example 1:
Scenario: Ramesh, a farmer in a village in Maharashtra, owes money to Suresh, who has obtained a court decree to recover the debt. The court orders the attachment of Ramesh's agricultural implements and livestock.
Application of Rule 43A:
- Attachment of Property: The court officer arrives at Ramesh's farm to attach his livestock and agricultural implements.
- Custody Decision: Since the livestock and implements cannot be conveniently removed, the officer decides to leave them in the village.
- Appointment of Custodian: At the request of Ramesh, the officer appoints a respectable villager, Mr. Patel, as the custodian of the attached property.
- Custodian's Responsibility: Mr. Patel is responsible for ensuring the livestock and implements are kept in good condition and must produce them when required by the court.
Failure to Comply:
- If Mr. Patel fails to produce the livestock and implements when the court officer arrives or if the property is damaged, he will be l...
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