Attachment of property of person absconding
AI Assist
Summary
When a court proclaims a person absconding it may, for reasons recorded in writing, order attachment of any movable or immovable property of that person. If the court believes the person is about to dispose of or remove property from its jurisdiction, it can attach immediately when issuing the proclamation. Attachment can be by seizure, appointment of a receiver, prohibition on delivery, taking possession, or sale of perishable items; a receiver has the same powers as under the Code of Civil Procedure.
Example
Priya is proclaimed absconding and files an affidavit saying she plans to move her small shop to another district. The court orders immediate attachment of the shop and appoints a receiver to collect rent and stop any transfer. If the shop’s perishable stock faces spoilage, the court may order its immediate sale and keep the proceeds pending further orders.
Bare Act
Enacted text(1) The Court issuing a proclamation under section 84 may, for reasons to be recorded in writing, at any time after the issue of the proclamation, order the attachment of any property, movable or immovable, or both, belonging to the proclaimed person:
Provided that where at the time of the issue of the proclamation the Court is satisfied, by affidavit or otherwise, that the person in relation to whom the proclamation is to be issued,-
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(a) is about to dispose of the whole or any part of his property; or
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(b) is about to remove the whole or any part of his property from the local jurisdiction of the Court, it may order the attachment of property simultaneously with the issue of the proclamation.
(2) Such order shall authorise the attachment of any property belonging to such person within the district in which it is made; and it shall authorise the attachment of any property belonging to such person without such district when endorsed by the District Magistrate within whose district such property is situate.
(3) If the property ordered to be attached is a debt or other movable property, the attachment under this section shall be made-
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(a) by seizure; or
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(b) by the appointment of a receiver; or
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(c) by an order in writing prohibiting the delivery of such property to the proclaimed person or to any one on his behalf; or
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(d) by all or any two of such methods, as the Court thinks fit.
(4) If the property ordered to be attached is immovable, the attachment under this section shall, in the case of land paying revenue to the State Government, be made through the Collector of the district in which the land is situate, and in all other cases-
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(a) by taking possession; or
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(b) by the appointment of a receiver; or
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(c) by an order in writing prohibiting the payment of rent on delivery of property to the proclaimed person or to any one on his behalf; or
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(d) by all or any two of such methods, as the Court thinks fit.
(5) If the property ordered to be attached consists of live-stock or is of a perishable nature, the Court may, if it thinks it expedient, order immediate sale thereof, and in such case the proceeds of the sale shall abide the order of the Court.
(6) The powers, duties and liabilities of a receiver appointed under this section shall be the same as those of a receiver appointed under the Code of Civil Procedure, 1908.
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