Indian Laws in English

The Code Of Civil Procedure 1908
Order 21 :
Rule 54 :
Attachment of immovable property :
(1) Where the property is immovable, the attachment shall be made by an order prohibiting the judgment-debtor from transferring or charging the property in any way, and all persons from taking any benefit from such transfer or charge.
1.[(1A) The order shall also require the judgment-debtor to attend Court on a specified date to take notice of the date to be fixed for settling the terms of the proclamation of sale.]
(2) The order shall be proclaimed at some place on or adjacent to such property by beat of drum or other customary mode, and a copy of the order shall be affixed on a conspicuous part of the property and then upon a conspicuous part of the court-house, and also, where the property is land paying revenue to the Government in the office of the Collector of the district in which the land is situate 1.[and, where the property is land situate in a village, also in the office of the Gram Panchayat, if any, having jurisdiction over that village.]
State Amendment :
High Court Amendments-[Allahabad] :
(1) At the end of sub-rule (2) substitute a comma for the full stop and thereafter add the following:
"and, where the property, whether paying revenue to Government or otherwise, is situate within cantonment limits, in the office of the Local Cantonment Board and of the Military Estates Officer concerned."-(27-9-1941).
(2) Substitute the following for sub-rule (3):
"3. The attachment shall be deemed to have been made against transferee without consideration from the judgment-debtor from the date on which they respectively had knowledge of the order of attachment, and as against all other persons from the date or which they respectively had knowledge of the order of attachment or the date on which the order was duly proclaimed under sub-rule (2) whichever is earlier."-(5-2-1983).
[Andhra Pradesh] :
Same as that of Madras.
[Bombay] :
In Order XXI, for rule 54 and its marginal note, substitute the following as rule 54 and the marginal note:
"54. (1) Attachment of immovable property.-Where the property is immovable, the attachment shall be made by an order prohibiting the judgment-debtor from transferring or charging the property in any way, and all persons from taking any benefit from such transfer or charge, such order shall take effect, where there is no consideration for such transfer or charge, from the date of such order, and where there is consideration for such transfer or charge, from the date when such order came to the knowledge of the person to whom or in whose favour the property was transferred or charged.
(1-A) The order shall also require the judgment-debtor to attend Court on a specified date to take notice of the date to be fixed for settling the terms of the proclamation of sale.
(2) Copies of the order shall also be forwarded to the Collector with a request that appropriate entries showing the attachment levied on the property may be caused to be made in the revenue records, city survey records, or village panchayat records as may be required in the particular case.
(3) The order shall be proclaimed at some place on or adjacent to such property by beat of drum or other customary mode, and a copy of the order shall be affixed on a conspicuous part of the property and then upon a conspicuous part of the Court-house, and also, where the property is land paying revenue to the Government, in the office of the Collector of the district in which the land is situate, and also, where the property is situate within cantonment limits, in the office of the Local Cantonment Board and the Military Estates Officer concerned and, where the property is land situate in a village, also in the office of the Gram Panchayat, if any, having jurisdiction over that village."-(1-10-1983).
[Calcutta] :
(1) Add the following to sub-rule (2):
"and also, where the property is situated within cantonment limits, in the office of the Local Cantonment Board and the Military Estates Officer concerned."
(2) Add the following as sub-rule (3):
"(3) Such order shall take effect, where there is no consideration for such transfer or charge from the date of the order, and where there is consideration for such transfer or charge, from the date when such order came to the knowledge of the person to whom or in whose favour the property was transferred or charged, or from the date when the order is proclaimed under sub-rule (2) whichever is earlier."
[Delhi] :
Same as that of Punjab.
[Gauhati] :
Same as that of Calcutta.
[Gujarat] :
(1) The following shall be added to sub-rule (1) of rule 54:
"Such order shall take effect, where there is no consideration for such transfer or charge, from the date of such order, and where there is consideration for such transfer orcharge, from the date when such order came to the knowledge of the person to whom or in whose favour the property was transferred or charged."
(2) Substitute a comma for the full stop at the end of rule 54(2) and add the following thereafter:
"and also, where the property is situate within cantonment limits, in the office of the Local Cantonment Board and the Military Estates Officer concerned."-(17-8-1961).
[Himachal Pradesh] :
Same as that of Punjab.
[Karnataka] :
In sub-rule (2) of rule 54 convert the full stop into a comma and add the words "and where the property is situated within the limits of a Municipality or other local authority also in the principal office of the said Municipality or the local authority."-(R.O.C. No. 2526/1959, dated 9-2-1967).
[Kerala] :
(i) For sub-rule (2), the following sub-rule shall be substituted, namely:
"(2) The order shall be proclaimed at some place on or adjacent to such property by beat of drum or other customary mode and a copy of the order shall be affixed on a conspicuous part of the property and thereupon, a conspicuous part of the Court-house and also in the village office or, in case there is no such office, in the Taluk office of the place in which the land is situate and where the property is situated within the limits of a Municipality or Panchayat, in the office of the Municipality or Panchayat within the limits of which the property is situate."
(ii) after sub-rule (2) the following sub-rule shall be inserted, namely:
"(3) The attachment shall be deemed to have taken as against transferees without consideration from the judgment-debtor from the date of the order of attachment and as against all other persons from the date on which they respectively had knowledge of the order of attachment or the date on which the order was duly proclaimed under sub-rvle (2) whichever is the earlier."-(9-6-1959).
[Madhya Pradesh] :
(1) Delete the full stop at the end of sub-rule (2) and add the following words:
"and also where the property is situate within cantonment limits, in the office of the Local Cantonment Board and the Military Estates Officer concerned."
(2) After sub-rule (2) of rule 54, insert the following sub-rule:
"(3) The order shall take effect as against purchasers for value in good faith from the date when a copy of the order is affixed on the property and against all other transferees from the judgment-debtor from the date on which such order is made."-(16-9-1960).
[Madras] :
(a) Substitute the following for sub-rule (2):
"(2) The order shall be proclaimed at some place on or adjacent to such property by beat of drum or other customary mode. A copy of the order shall be affixed on a conspicuous part of the property and on a conspicuous part of the Court-house. Where the property is land paying revenue to the Government, a copy of the order shall be similarly affixed in the office of the Revenue Divisional Officer of the area where the land is situated. Where the property is situated within cantonment limits the order shall be similarly affixed in the office of the Local Cantonment Board and the Military Estates Officer concerned, and where the property is situated within the limits of a Municipality, in the office of the Municipality within the limits of which the property is situated."
(b) Add the following as sub-rule (3):
"(3) The order of attachment shall be deemed to have been made as against transferees without consideration from the judgment-debtor from the date of the order of attachment, and as against all other persons from the date on which they respectively had knowledge of the order of attachment, or the date on which the order was duly proclaimed under sub-rule (2), whichever is earlier."-(5-9-1968).
[Orissa] :
Same as that of Patna.
[Patna] :
Same as Madhya Pradesh.
[Punjab] :
(1) At the end of sub-rule (2) of rule 54, substitute semicolon for full stop and add:
"Where the property is land situated in a cantonment, copies of the order shall also be forwarded to the Cantonment Board and to the Military Estates Officer in whose area that cantonment is situated."
(2) The following was added as sub-rule (3) for rule 54:
"(3) The order shall take effect, as against persons claiming under a gratuitous transfer from the judgment-debtor, from the date of the order of attachment, and as against others from the time they had knowledge of the passing of the order of attachment or from the date of the proclamation, whichever is earlier."
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1. Inserted by Act 104 of 1976, section 72, (w.e.f. 1-2-1977).    

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