Pakistan - Attachment of Assets
Qamar Abbas & Co, Barristers, Advocates & Legal Advisors
Originally from Attachment of Assets
1. Attachment by Court is a protective measure taken by a Court in order to keep property intact and to enable the holder of a money decree to satisfy the decree therefrom.
2. The relevant Section under the Code of Civil Procedure is Section 60 which specifies the properties that are liable to attachment and sale in execution of a decree, and details the properties and interests which cannot be attached or sold in execution of a decree. Section 60 reads as follows:
60. Property liable to attachment and sale in execution of decree.—
(1) The following property is liable to attachment and sale in execution of a decree: lands, houses or other buildings, goods, money, banknotes, cheques, bills of exchange, hundis, promissory notes, Government securities, bonds or other securities for money, debts, shares in a corporation and, save as hereinafter mentioned, all other saleable property, movable or immovable, belonging to the judgmentdebtor, or over which, or the profits of which, he has a disposing power which he may exercise for his own benefit, whether the same be held in the name of the judgment-debtor, or by another person in trust for him or on his behalf:
Provided that the following properties shall not be liable to such attachment or sale, namely:—
(a) The necessary wearing-apparel, cooking vessels, beds and bedding of the judgment-debtor, his wife and children, and such personal ornaments as, in accordance with religious usage, cannot be parted with by any woman;
(b) tools of artisans, and, where the judgment-debtor is an agriculturist, his implements of husbandry and such cattle and seed-grain as may, in the opinion of the Court, be necessary to enable him to earn his livelihood as such, and such portion of agricultural produce or of any class of agricultural produce as may have been declared to be free from liability under the provisions of the next following section;