Rule 51 of CPC : Rule 51: Attachment of negotiable instruments.
CPC
JavaScript did not load properly
Some content might be missing or broken. Please try disabling content blockers or use a different browser like Chrome, Safari or Firefox.
Explanation using Example
Example 1:
Rajesh lent Rs. 50,000 to his friend Suresh and received a promissory note as a guarantee for repayment. Suresh failed to repay the amount, and Rajesh filed a lawsuit. The court ruled in favor of Rajesh and issued a decree for the repayment of the amount. However, Suresh still did not pay. Rajesh then sought to execute the decree by attaching the promissory note (a negotiable instrument) that Suresh had given him. Since the promissory note was not deposited in a court or in the custody of a public officer, the court ordered the actual seizure of the promissory note. The court bailiff seized the promissory note from Suresh's possession and brought it to the court, where it was held until further orders were issued regarding its disposition.
Example 2:
Meena won a civil case against her business partner, Anil, who owed her Rs. 1,00,000. Anil had issued a cheque for the amount, but it was not deposited in a bank or held by any public officer. Meena sought to execute the court's decree by attaching the cheque. The court directed the bailiff to seize the cheque from Anil's possession. The bailiff went to Anil's office, took the cheque, and brought it to the court. The cheque was then held by the court until further orders were given on how to proceed with the execution of the decree.