ENACTMENT No. 2 Of 1984 ISLAMIC CIVIL PROCEDURE ENACTMENT 1979
PART XXI - JUDGMENT DEBTORS SUMMONS, WARRANT OF ARREST, ETC.
Section 173. Deposit relating to attachment.
(1) Before an order for attachment under section 172 is executed the plaintiff shall deposit with the bailiff a sum sufficient in the bailiff's opinion to defray the cost of the attachment and keeping possession of the property for a period of 14 days.
(2) Where the period of attachment exceeds 14 days the plaintiff shall, at or before the end of the first 14 days of the attachment, deposit with the bailiff a further sum as aforesaid to provide for the costs for the next ensuing 14 days and shall continue to make such a deposit in advance at or before the end or each successive period of 14 days so long as the attachment continues: provided that-
(a) where any writ of execution has priority in respect of the property attached, the costs of execution and of keeping possession shall be costs of the execution of the writ which has priority, but so that the costs are not enhanced by reason of the execution of the order of attachment of property before judgment; and
(b) the plaintiff who has obtained the order of attachment shall not be required to make any deposit thereunder unless and except to the extent that the costs of execution and of keeping possession may have been enhanced by reason of the attachment before judgment.
(3) The bailiff shall give a receipt for each sum deposited under this section and shall apply the sums or so much thereof as is necessary for the purpose aforesaid and shall forthwith return to the depositor any balance remaining over after the release of the property attached or its sale under an order of Court.
(4) If the said balance cannot be paid to the depositor within 48 hours after the release or sale of the property, the bailiff shall forthwith pay the same into Court to the credit of the depositor and shall notify the depositor accordingly.