ENACTMENT No. 2 Of 1984
ISLAMIC CIVIL PROCEDURE ENACTMENT 1979

PART XX - RATEABLE DISTRIBUTION



Section 163. Method of subsequent attachment, etc.

(1) Any property attached by way of execution by any Court whether physically taken into Court's custody or not, shall be deemed to have been seized by the Court and shall not thereafter be seized at the instance of any other person, but any subsequent order or warrant for the attachment or seizure of the same property by the same Court or any other Court whether in the same or another place, or a certified copy thereof, may be delivered to the bailiff by whom the property was seized and shall thereupon operate and have effect as an attachment for the purpose of this Part.

(2) In the case of any property which cannot be taken into the physical custody of the bailiff or other officer of the Court, any prohibitory order or similar document for the purpose of protecting the interests of a subsequent attaching creditor may be served or registered and shall have effect in accordance with the provisions of sub-section (1).

(3) If the property is released from the prior attachement, it shall be deemed to have been attached and seized under the subsequent order or warrant.


(4) If the property remains under the prior attachment and no order for sale thereof has been made within two months after such attachment, the property shall be deemed to have been released from the prior attachment and the provisions of sub-section (3) shall apply.




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