Section 43 in The Code of Civil Procedure, Svt. 1977 (1920 A.D.)
43. Attachment of movable property other than agricultural produce, in possession of judgment-debtor. - Where the property to be attached is movable property, other than agricultural produce, in the possession of the judgment-debtor, the attachment shall be made by actual seizure, and the attaching officer shall keep the property in his own custody or in the custody of one of his subordinates, and shall be responsible for the due custody thereof:
Provided that, when the property seized is subject to speedy and natural decay, or when the expense of keeping it in custody is likely to exceed its value, the attaching officer may sell it at once.[43-A. Custody of movable property. - (1) Where the property attached consists of livestock, agricultural implements or other articles which cannot conveniently be removed and the attaching officer does not act under the proviso to rule 43, he may at the instance of the judgment-debtor or of the decree-holder or of any other person claiming to be interested in such property leave it in the village or place where it has been attached, in the custody of any respectable person (hereinafter referred to as the "custodian").(2)If the Custodian fails, after due notice, to produce such property at the place named by the Court before the officer deputed for the purpose or to restore it to the person in whose favour restoration is ordered by the Court, or if the property, though so produced or restored, is not in the same condition as it was when it was entrusted to him,-(a)the Custodian shall be liable to pay compensation to the decree-holder, judgment-debtor or any other person who is found to be entitled to the restoration thereof, for any loss or damage caused by his default; and(b)such liability may be enforced-(i)at the instance of the decree-holder, as if the Custodian were a surety under section 145;(ii)at the instance of the judgment-debtor or such other person, on an application in execution; and(c)any order determining such liability shall be appealable as a decree].
