Section 116 in The Orissa Co-operative Societies Rules, 1965
116. Attachment of decree.
(1)Where the property to be attached is a decree either for the payment of money or for sale in enforcement or a mortgage or charge the attachment shall be made -(a)[ If the decree sought to be attached was passed by any authority under the Act, then by the order of the Principal Officer of the area concerned; [Substituted by Orissa Gazette Extraordinary No. 500, dated 23.4.1997.](b)if the decree sought to be attached was passed by a Court and has not been sent for execution to any other Court then by the issue to such Court of a notice by the Principal Officer of the area concerned, requesting such Court to stay the execution of the decree unless and until -(i)the notice is cancelled; or(ii)the holder the decree sought to be executed, or the judgement-debtor applies to the Court receiving such notice, to execute its own decree; and(c)if the decree sought to be attached is pending execution in a Court which did not pass the same then by the Principal Officer of the area seeking to attach such decree in execution, sending the notice referred to in Clause (b) to such Court, whereupon the provision of the Court had passed the decree and the said notice had been sent to it in pursuance of the said clause.](2)Where the Principal Officer of the area makes an order under Clause (a) of Sub-rule (1) or when a Court receives an application under Sub-clause (ii) of Clause (b) of Sub-rule (1) such Principal Officer or Court shall, on the application of the decree-holder who has attached the decree or his defaulter, proceed to execute the attached decree and apply the proceeds in satisfaction of the decree sought to be executed.(3)The holder of decree sought to be executed by the attachment of another decree of the nature specified in Clause (1) 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.(4)Where the property to be attached in execution of decree is a decree other than a decree of the nature referred to in Sub-rule (1) the attachment shall be made by the issue of a notice by the Principal Officer of the area to the holder of such decree, prohibiting him from transferring or charging the same in any way and where such decree has been passed by any other Court or by [and authority under the Act] [Substituted by Orissa Gazette Extraordinary No. 500, dated 23.4.1997.] or the Principal Officer of the area also by sending to such Court or to the Principal Officer of area concerned, as the case may be, a notice to abstain from executing the decree sought to be attached until such notice is cancelled by the Court or the Principal Officer from which it was sent.(5)The holder of a decree attached under this Sub-rule shall give the Court or the Principal Officer of the area executing the decree such information and aid as may reasonably be required.(6)On the application of the holder of a decree sought to be executed by the attachment of another decree the Principal Officer of the area making an order or attachment under this sub-rule shall give notice of such order to the judgement-debtor bound by the decree attached and no payment of adjustment of the attached decree made by the judgement-debtor in contravention of such order after receipt of notice thereof; either through the said Principal Officer or otherwise, shall be recognised so long as the attachment remains in force.
