Indian Laws in English

The Code Of Civil Procedure 1908
Order 21 :
Rule 45 :
Provisions as to agricultural produce under attachment :
(1) Where agricultural produce is attached, the Court shall make such arrangements for the custody thereof as it may deem sufficient and, for the purpose of enabling the Court to make such arrangements, every application for the attachment of a growing crop shall specify the time at which it is likely to be fit to be cut or gathered.
(2) Subject to such conditions as may be imposed by the Court in this behalf either in the order of attachment or in any subsequent order, the judgment-debtor may tend, cut, gather and store the produce and do any other act necessary for maturing or preserving it; and if the judgment-debtor fails to do all or any of such acts, the decree-holder may, with the permission of the Court and subject to the like conditions, do all or any of them either by himself or by any person appointed by him in this behalf and the costs incurred by the decree-holder shall be recoverable from the judgment-debtor as if they were included in, or formed part of, the decree.
(3) Agricultural produce attached as a growing crop shall not be deemed to have ceased to be under attachment or to require re-attachment merely because it has been severed from the soil.
(4) Where an order for the attachment of a growing crop has been made at a considerable time before the crop is likely to be fit to be cut or gathered, the Court may suspend the execution of the order for such time as it thinks fit, and may, in its discretion, make a further order prohibiting the removal of the crop pending the execution of the order of attachment.
(5) A growing crop which from its nature does not admit of being stored shall not be attached under the rule at any time less than twenty days before the time at which it is likely to be fit to be cut or gathered.
State Amendment :
High Court Amendments-[Andhra Pradesh] :
Same as that of Madras.
[Bombay] :
In Order 21, rule 45, for the existing sub-rule (1), and its marginal notesubstitute the following as sub-rule (1) and marginal note:
"(1) Provisions as to agricultural produce under attachment.-Where agricultural produce is attached the Court shall make such arrangement for the custody thereof as it may deem sufficient and, for the purpose of enabling the Court to make such arrangements, every application for the attachment of growing crop shall specify the time at which it is likely to be fit to be cut or gathered, and the applicant shall deposit in Court at the time of the application such sum as the Court shall deem sufficient to defray the cost of watching and tending the crop till such time."-(1-10-1983).
[Calcutta] :
Add the following to sub-rule (1):
"and the applicant shall deposit in Court such sum as the Court shall require in order to defray the cost of watching or tending the crop till such time."
[Delhi] :
Same as that of Punjab.
[Gauhati] :
Same as that of Calcutta.
[Gujarat] :
Same as that of Bombay-(17-8-1961).
[Himachal Pradesh] :
Same as that of Punjab.
[Karnataka] :
Same as that of Madras-(R.O.C. No. 2526/1959, dated 9-2-1967).
[Kerala] :
Same as that of Madras-(9-6-1959).
[Madras] :
In rule 45 for the full stop at the end of sub-rule (i) a semicolon shall be substituted and the words "and the applicant shall deposit in Court within a date to be fixed by Court, such sum as the Court may deem sufficient to defray the cost of watching and tending the crop till such time" shall be added.
[Orissa] :
Same as that of Patna.
[Patna] :
Add to sub-rule (1) of rule 45 after deleting the full stop at the end of the sub-rule:
"and the applicant shall pay into Court such sums as he may from time to time be required by the Court to pay in order to defray the cost of such arrangements."
[Punjab] :
Add the following to sub-rule (1) of rule 45:
"and with every such application such charges as may be necessary for the custody of the crop up to the time at which it is likely to be fit to be cut or gathered shall be paid to the Court."       

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