13. Application for
attachment of immovable property to contain certain particulars.—Where
an application is made for the attachment of any immovable property belonging
to a judgment-debtor, it shall contain at the foot—
(a) a description of such
property sufficient to identify the same and, in case such property can be identified
by boundaries or numbers in a record of settlement or survey, a specification
of such boundaries or numbers; and
(b) a specification of the
judgment-debtor's share or interest in such property to the best of the belief
of the applicant, and so far as he has been able to ascertain the same.
Explanation:
An application for execution must be in writing except when an oral application is made under Order XXI, Rule 11 (i). Upon an application for execution being filed, the Court shall scrutinize it to see that all the requirements of Order XXI, Rules/11(2),12, 13 and 14 of the Code of Civil Procedure, 1908, have been duly complied with. The application should state distinctly the mode in which the assistance of the Court is sought and the proceedings should be confined to that mode, unless any amendment has been allowed. When an application is for the attachment of immovable property, special care shall be taken that the specification and verification required by Order XXI, Rule 13, of the Code have been furnished. The Court may also require the applicant to produce the authenticated extract mentioned in Order XXI, Rule 14, when the property is land registered in the Collector's office.
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