DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.34368#0016
under the Regulations
herein speciAed.
Malzaminy security
to be required in cases
or pubtic sale, or by
any of the modes herein
speciAed.
not furnished within
a reasonable time, any
land, property, or ef-
fects in the possession
of the defendant, to the
amount or value of the
cause of action, to be
attached.
How the attachment
by sale, gift, or other-
wise, declared to be il-
legal and void.
Any unauthorized re-
moval of the property
attached to bepunished,
the attachments made
under this rule shall
6 REGULATION II. [A.D. 1806.
extent of the security to be required, the judge (w is authorized
to exercise the discretion vested in him by Section II. Regulation III.
1802, and Section VIII. Regulation XIV. 1803.
V. In any case if the judge (or royMfor caM-say rg/orroG? /o
A^m) be satisfied by sufficient proof that there is ground to apprehend the
defendant means to dispose of the property in his possession by any private
transfer, or to cause the public sale of any disputed land by withholding
the assessment upon it, or to remove any personal property from the juris-
diction of the court whilst the suit against him is depending, for the pur-
pose of avoiding the execution of an eventual judgment against him, the
judge (or rq^M^or) is authorized to call upon the defendant for malzaminy
security, in such sum as may appear sufficient to make good the ultimate
judgment of the court; and in the event of such security not being given
(within a reasonable time to be allowed for that purpose), to cause the
attachment of any land, effects, or other property belonging to, or pos-
sessed by the defendant, to the amount or value of the cause of action in
the suit depending, or the attachment of which may be deemed necessary
to secure the execution of the judgment to be passed in the cause.
The attachment in such cases shall be made by a written order
of the court, to be read and proclaimed upon the spot, and to be affixed in
some conspicuous situation at the place where the property is situated;
after which any private alienation of the property sequestered, whether by
sale, gift, or otherwise, during the continuance of the attachment, shall be
deemed illegal and void, and any unauthorized removal of the property so
attached during such* period, with a view to oppose or evade the seques-
tration, shall be punishable, on proof, as an act of resistance to the process
of the court, according to the provisions in force concerning resistance to
the process of the Civil Courts. In suits for landed property of consider-
able value, wherein it may appear necessary, for the purposes of justice, to
divest the defendant from the management of the land until the suit be
decided or malzaminy security be given, the attachment shall be made
through the collector of the district in which the land is situated, as pre-
scribed by Section VI. Regulation V. 1798, and by Clause Ninth of Sec-
tion XII. Regulation IV. 1803, in appealed cases, wherein neither the
appellant nor respondent may be able to give security for staying execu-
tion of the decree. But in other cases, the attachments which may be
ordered under the present rule shall not, without special cause to be
recorded on the proceedings of the court, remove the defendant or his
inhabitant of -, have voluntarily become security for the appearance of the said
defendant to answer to the above suit, and perform all such orders as may be passed thereupon,
until the final decree on it shall have been carried into execution ; I do therefore hereby engage
and bind myself, my heirs and successors, that the said defendant shall appear in person, or by
vakeel, to make answer to the plaint against him in the suit aforesaid, on the-, being
the day on which his appearance has been required in the said Zillah (or City) Court; and
further, that the said defendant shall personally attend at the said Zillah (or City) Court
whenever the same may be required by the judge thereof, at any time whilst the above suit
is depending before the Ziliah Court, or jProomcmJ Cowr? of or Court of Sudder
Dewanny Adawlut, or before the final decree v^hich may be passed thereupon by the above
courts, respectively, shall be fully and completely carried into execution; in default of which,
andun the event of my no( producing the said defendant when called upon, I will be answer-
able for such sum as may be adjudged against him, and for the performance of whatever order
or decree may be passed against h(m on the suit above mentioned."
Extended to
Sudder Ameens
and Moonsifs
by Sec. iv. Act
VI. 1843.
herein speciAed.
Malzaminy security
to be required in cases
or pubtic sale, or by
any of the modes herein
speciAed.
not furnished within
a reasonable time, any
land, property, or ef-
fects in the possession
of the defendant, to the
amount or value of the
cause of action, to be
attached.
How the attachment
by sale, gift, or other-
wise, declared to be il-
legal and void.
Any unauthorized re-
moval of the property
attached to bepunished,
the attachments made
under this rule shall
6 REGULATION II. [A.D. 1806.
extent of the security to be required, the judge (w is authorized
to exercise the discretion vested in him by Section II. Regulation III.
1802, and Section VIII. Regulation XIV. 1803.
V. In any case if the judge (or royMfor caM-say rg/orroG? /o
A^m) be satisfied by sufficient proof that there is ground to apprehend the
defendant means to dispose of the property in his possession by any private
transfer, or to cause the public sale of any disputed land by withholding
the assessment upon it, or to remove any personal property from the juris-
diction of the court whilst the suit against him is depending, for the pur-
pose of avoiding the execution of an eventual judgment against him, the
judge (or rq^M^or) is authorized to call upon the defendant for malzaminy
security, in such sum as may appear sufficient to make good the ultimate
judgment of the court; and in the event of such security not being given
(within a reasonable time to be allowed for that purpose), to cause the
attachment of any land, effects, or other property belonging to, or pos-
sessed by the defendant, to the amount or value of the cause of action in
the suit depending, or the attachment of which may be deemed necessary
to secure the execution of the judgment to be passed in the cause.
The attachment in such cases shall be made by a written order
of the court, to be read and proclaimed upon the spot, and to be affixed in
some conspicuous situation at the place where the property is situated;
after which any private alienation of the property sequestered, whether by
sale, gift, or otherwise, during the continuance of the attachment, shall be
deemed illegal and void, and any unauthorized removal of the property so
attached during such* period, with a view to oppose or evade the seques-
tration, shall be punishable, on proof, as an act of resistance to the process
of the court, according to the provisions in force concerning resistance to
the process of the Civil Courts. In suits for landed property of consider-
able value, wherein it may appear necessary, for the purposes of justice, to
divest the defendant from the management of the land until the suit be
decided or malzaminy security be given, the attachment shall be made
through the collector of the district in which the land is situated, as pre-
scribed by Section VI. Regulation V. 1798, and by Clause Ninth of Sec-
tion XII. Regulation IV. 1803, in appealed cases, wherein neither the
appellant nor respondent may be able to give security for staying execu-
tion of the decree. But in other cases, the attachments which may be
ordered under the present rule shall not, without special cause to be
recorded on the proceedings of the court, remove the defendant or his
inhabitant of -, have voluntarily become security for the appearance of the said
defendant to answer to the above suit, and perform all such orders as may be passed thereupon,
until the final decree on it shall have been carried into execution ; I do therefore hereby engage
and bind myself, my heirs and successors, that the said defendant shall appear in person, or by
vakeel, to make answer to the plaint against him in the suit aforesaid, on the-, being
the day on which his appearance has been required in the said Zillah (or City) Court; and
further, that the said defendant shall personally attend at the said Zillah (or City) Court
whenever the same may be required by the judge thereof, at any time whilst the above suit
is depending before the Ziliah Court, or jProomcmJ Cowr? of or Court of Sudder
Dewanny Adawlut, or before the final decree v^hich may be passed thereupon by the above
courts, respectively, shall be fully and completely carried into execution; in default of which,
andun the event of my no( producing the said defendant when called upon, I will be answer-
able for such sum as may be adjudged against him, and for the performance of whatever order
or decree may be passed against h(m on the suit above mentioned."
Extended to
Sudder Ameens
and Moonsifs
by Sec. iv. Act
VI. 1843.