Defect or error not to make attachment unlawful
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Summary
An attachment under this Code stays lawful even if there is some defect or want of form in the summons, conviction, writ of attachment or related proceedings. A person who makes the attachment will not be treated as a trespasser because of such formal errors. The rule covers procedural or form defects in the papers used for attachment.
Example
Priya, a police officer, seizes stock from Arjun's shop under a writ of attachment, but the summons had a missing seal and a wrong date. Even though the summons was defective, the seizure remains lawful and Priya is not a trespasser under this section.
Bare Act
Enacted textNo attachment made under this Code shall be deemed unlawful, nor shall any person making the same be deemed a trespasser, on account of any defect or want or form in the summons, conviction, writ of attachment or other proceedings relating thereto.
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