In the attachment and sale of moveable property the following rules shall be observed.-
(a) The Sale Officer shall after giving previous notice to the decree-holder, proceed to the village where the judgment-debtor resides, or has property to be attached and serve the demand notice issued under sub-rule (3) of Rule 34 upon the judgment-debtor, if he is present.
If the amount due together with the expenses be not at once paid, the Sale Officer shall make the attachment by seizure or otherwise and shall immediately deliver to the judgment-debtor a list or inventory of the property attached and an intimation of the place, date and hour at which the attached property will be brought to sale, if the amounts due are not paid before such date. If the judgment-debtor is absent, the Sale Officer shall serve the demand notice aforesaid on some adult male member of his family, or on the authorized agent of the judgment-debtor or when such service cannot be affected, shall affix a copy of such demand notice on some conspicuous part of the judgment-debtor’s residence. He shall then proceed to make the attachment and shall fix the list or inventory of the property attached on the usual place of residence of the judgment-debtor, endorsing thereon the place where the property may be lodged or kept and an intimation of the place, date and hour of sale;
(b) After the attachment is made, the Sale Officer may arrange for the custody of the property attached, with the decree-holder or otherwise. If the Sale Officer requires the decree-holder to undertake the custody of the property he shall be bound to do so and any loss incurred due to his negligence shall be made good by the decree-holder. If the attached property is live-stock, the decree-holder shall be responsible for 82 providing the necessary food therefore. The Sale Officer may, at the instance of the judgment-debtor or of any person claiming an interest in such property, leave it in the village or place where it was attached, in the charge of such judgment-debtor or person, if he enters into a bond in the form specified by the Registrar with one or more sufficient sureties for the production of the property when called for;
(c) No attachment under clauses (a) or (b) shall be made after sunset and before sunrise;
(d) The attachment made shall not be excessive, that is to say, the property attached shall be in value as nearly as possible proportionate to the sum due by the Judgment-debtor, together with interest and all expenses incidental to the attachment and sale;
(e) If crops or ungathered products of the land belonging to judgment-debtor are attached, the Sale Officer may cause them to be sold when fit for reaping or gathering of at his option may cause them to be reaped or gathered in due season and stored in proper place until sold. In the latter case, the expense of reaping or gathering and storing such crops or products shall be defrayed by the owner upon his redeeming the property or from the proceeds of the sale in the event of its being sold;
(f) The Sale Officer shall not work the bullocks or cattle, or make use of the goods or moveables attached and he shall provide the necessary food for the cattle or livestock, the expense attending which shall be defrayed by the owner upon his redeeming the property or from the proceeds of the sale in the event of its being sold;
(g) It shall be lawful for the Sale Officer to force open any stable, cow-house, granary, godown, out-house or other building and he may also enter any dwelling house, the outer door of which may be open and may break open the door of any room in such dwelling house for the purpose of attaching property belonging to a Judgment-debtor and lodged therein, provided always that It shall not be lawful for the officer to break open or enter apartment in such dwelling house appropriated for the zenana or residence of women except as hereinafter provided;
(h) When the Sale Officer may have reason to suppose that the property of a judgmentdebtor is lodged within a dwelling house, the outer door of which may be shut or within any apartments appropriated to women, which by custom or usage are considered private, the Sale Officer shall represent the fact to the Officer in charge of the nearest police station. On such representation the officer-in-charge of the said station shall send a Police Officer to the spot in the presence of whom the Sale Officer 83 may force open the outer door of such dwelling house, in like manner as he may break open the door of any room within the house, except the zenana. The Sale Officer may also, in the presence of a Police Officer, after due notice given for the removal of women within a zenana and after furnishing means for their removal in a suitable manner, if they be women of rank who, according to the custom or usage cannot appear in public, enter the zenana apartments for the purpose of attaching the judgment-debtor’s property, if any deposited therein, but such property, if found, shall be immediately removed from such apartments after which they shall be left free for occupation as before;
(i) The Sale Officer shall on the day previous to and on the day of sale, cause proclamation of the time and place of the intended sale to be made by beat of drum in the village in which the judgment-debtor resides and in such other place or places as the Recovery Officer may consider necessary to give due publicity to the sale. No sale shall take place until after the expiration of the period of 15 days from the date on which the sale notice has been served or affixed in the manner prescribed in clause (a):
Provided that where the property seized is subject to speedy and natural decay, or where the expense of keeping it in custody is likely to exceed its value, the Sale Officer may sell it at any time before the expiry of the said period of 15 days unless the amount is sooner paid;
(j) At the appointed time, the property shall be put up in one or more lots, as the Sale Officer may consider advisable, and shall be disposed of to the highest bidder:
Provided that it shall be open to the Sale Officer to decline to accept the highest bid where the price offered appears to be unduly low or for other reasons. Where the property is sold for more than the amount due, the excess amount, after deducting the interest and the expenses of process and the other charges, shall be paid to the judgment-debtor:
Provided further, that the Recovery Officer or the Sale Officer may, in his discretion adjourn the sale to a specified day and hour recording his reasons for such adjournment. Where a sale is so adjourned for a longer period than 7 days, a fresh proclamation under clause (h) shall be made unless the judgment-debtor consents to waive it;
(k) The property shall be paid for in cash at the time of sale or as soon thereafter as the officer holding the sale shall appoint, and the purchaser shall not be permitted to carry 84 away any part of the property until he has paid for it in full. Where the purchaser fails to pay the purchase money, the property shall be resold;
(l) Where any property which has been attached under these rules has been forcibly or clandestinely removed by any person, the Sale Officer may apply to Magistrate having jurisdiction for restoration of such property. Where the Magistrate is satisfied about the truth of the facts, as alleged in the application he may order forthwith such property to be restored to the Sale Officer;
(m) Where prior to the sale, the judgment-debtor or any person acting on his behalf or any person claiming an interest in the property attached pays the full amount due including interest, batta and other costs incurred in attaching the property, the Sale Officer shall cancel the order of attachment and release the property forthwith;
(n) The moveable properties mentioned as exempt from attachment in the proviso to Section 60 of the Code of Civil Procedure, 1908 (V of 1908), shall not be liable to attachment or sale under these rules.