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State of Bihar - Section

Section 21 in Bihar and Orissa Public Demand Recovery Rules

21. Attachment of decree.

(1)Where the property to be attached is a decree, either for the payment of money or for sale in enforcement of a mortgage, or charge, the attachment shall be made by the issue to the Civil Court of a notice requesting the Civil Court to stay the execution of the decree unless and until -
(i)the Certificate Officer cancels the notice, or
(ii)the Certificate-holder or the certificate-debtor applies to the Court receiving such notice to execute the decree.
(2)Where a Civil Court receives an application under clause (iii) of sub-section (1) it shall, on the application of the certificate-holder or the certificate debtor, and subject to the provisions of the Code of Civil Procedure, 1908 (V of 1908) proceed to execute the attached decree and apply the net proceeds in satisfaction of the certificate.
(3)The certificate-holder shall be deemed to be the representative of the holder of the attached decree, and to be entitled to execute such attached decree in any manner lawful for the holder thereof.