Section 85   [ View Judgements ]

Amendment of Order XXXVIII

In the First Schedule, in Order XXXVIII,-

(i)in rule 5, after sub-rule (3), the following sub-rule shall be inserted, namely:-

"(4) If an order of attachment is made without complying with the provisions of sub-rule (1) of this rule, such attachment shall be void.";

(ii)for rule 8, the following rule shall be substituted, namely:-

"8.Adjudication of claim to property attached before judgment.- Where any claim is preferred to property attached before judgment, such claim shall be adjudicated upon in the manner hereinbefore provided for the adjudication of claims to property attached in execution of a decree for the payment of money.";

(iii)after rule 11, the following rule shall be inserted, namely:-

"11A.Provisions applicable to attachment.- (1) The provisions of this Code applicable to an attachment made in execution of a decree shall, so far as may be, apply to an attachment made before judgment which continues after the judgment by virtue of the provisions of rule 11.

(2)An attachment made before the judgment in a suit which is dismissed for default shall not become revived merely by reason of the fact that the order for the dismissal of the suit for default has been set aside and the suit has been restored.".

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