Law: Civil Procedure Code (V of 1908)

Section: O. XXI, 46, 56

Civil Procedure Code (V of 1908) O. XXI, Rr.46 & 56---Attachment of property owned by judgment debtor---Failure to give details of the property of judgment-debtor at the time of filing of execution petition---Effect---Decree-holder was entitled to seek attachment of any property of the judgment-debtor till the entire amount of the decree was satisfied---Mere failure/non-listing of the property at the time of making of execution application would not deprive the decree-holder to enforce or claim the execution till the same was satisfied---Property of the judgment-debtor was allowed to be attached accordingly.                                                                                                                                                                     ORDER This is an application under Order 21, Rule 46 read with Rule 56, C.P.C. moved by the decree-holder for the attachment of the bank accounts mentioned therein. From the record it appears that the decree is based on an award dated 30-3-1989 which was made rule of the Court on 16-4-1999 and the amount of Rs.24,50,251 is claimed in the execution application. Earlier application moved by the decree-holder could not be implemented as the office has reported that the property sought to be attached are large in number and cannot be stored as no such facility of storage of such goods is available. On such reference being made the…