Defect or error not to make attachment unlawful
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Summary
An attachment is not made unlawful just because there was a defect or want of form in the summons, conviction, writ of attachment or related proceedings. The person who carried out the attachment will not be treated as a trespasser for such formal errors. It protects actions affected only by procedural or form faults.
Example
Ravi, a court officer, seizes stock from a shop under a writ, but the summons had a printing error in the address. Even though the summons was defective in form, the seizure remains lawful and Ravi is not treated as a trespasser under this rule.
Bare Act
Enacted textNo attachment made under this Sanhita shall be deemed unlawful, nor shall any person making the same be deemed a trespasser, on account of any defect or want of form in the summons, conviction, writ of attachment or other proceedings relating thereto.
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