The Panchayats shall be required to take all possible measures to ascertain what property of the Judgement debtor exists and is available for attachment and sale in execution of the decree and that when security is taken from the Judgment debtor on stay of execution 45 under rule 5 of order XLI in the First Schedule of the Code of Civil Procedure, the security taken by the Court is substantial and sufficient and that proper action for immediate execution is taken if the required security is not satisfactory, the following instructions for this purpose are to be observed:-
(a) if an appeal is instituted and the execution of the decree is stayed by order of the appellate court, the interval before the decision of the appeal should be made use of in making inquiries as to the property of the Judgment debtor ;
(b) the provisions of rule 5 of order XLI in the First Schedule of the Code of Civil Procedure are ordinarily sufficient to prevent fraudulent disposal of property by the judgement debtor during the time gained by an appeal, but the Secretary of the Gram Panchayat or the Executive Officer of the Panchayat Samiti or the Secretary of the Zila Parishad, as the case may be, should satisfy himself that the Security taken by the Court is sufficient to execute the decree at once. If it is considered that the security rendered is not good and sufficient, he will move an application, to the Court for furnishing further sufficient security by Judgement-debtor.
(c) if such application be referred, the Secretary of the Gram Panchayat or the Executive Officer of the Panchayat Samiti or the Secretary of the Zila Parishad, as the case may be, shall endeavour to keep a watch on the property of the Judgementdebtor, so as to prevent any fraudulent alienation or concealment of it.