12. Application for
attachment of movable property not in judgment-debtor's possession.—Where
an application is made for the attachment of any movable property belonging to
a judgment-debtor but not in his possession, the decree-holder shall annex to
the application an inventory of the property to be attached, containing a
reasonably accurate description of 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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