A 170
[Subsidiary]
CAP. 4] The Rules of the Supreme Court-Order 44A [1988 Ed.
(3) The attachment shall be made, according to the nature of the property to be attached, in the manner prescribed for the attachment of property in execution of a judgment for money.
Showing cause, and procedure thereon (O. 44A, r. 9)
9. (1) If the defendant shows such cause or furnishes the required security within the time fixed by the Court, and the property specified in the application, or any portion thereof, has been attached, the Court shall order the attachment to be withdrawn.
(2) If the defendant fails to show such cause or to furnish the required security within the time fixed by the Court, the Court may direct that the property specified in the application, if not already attached, or such portion thereof as may be sufficient to answer any judgment that may be given against the defendant in the action, shall be attached until the further order of the Court.
(3) The attachment shall be made, according to the nature of the property to be attached, in the manner prescribed for the attachment of property in execution of a judgment for money.
Saving of rights of other persons under attachment (O. 44A, r. 10)
10. (1) The attachment shall not affect the rights of any persons not being parties to the action, and in the event of any claim being preferred to the property attached before judgment, such claim shall be investigated in the manner prescribed for the investi-gation of claims to property attached in execution of a judgment.
(2) Where the property consists of movable property to which the judgment debtor is entitled subject to a lien or right of some other person to the immediate possession thereof, the attachment shall be made by a written order prohibiting the person in possession from giving over the property to the judgment debtor or to any other person.
Removal of attachment on furnishing of security (O. 44A, r. 11)
11. In any case of attachment before judgment the Court shall at any time remove the same on the defendant furnishing the required security together with security for the costs of the attachment.
Power to award compensation to defendant for unjustifiable attachment (O. 44A, r. 12)
12. (1) If it appears to the Court that the attachment was applied for on insufficient grounds, or if the action is dismissed or judgment is given against the plaintiff by default or otherwise and it appears to the Court that there was no probable ground for instituting the action, the Court may, on the application of the defendant, made either before or at the time of the pronouncing of the judgment, award against the plaintiff such amount, as it may deem a reasonable compensation to the defendant for any injury or
Page 170
Page 171
A 170
[Subsidiary]
CAP. 4] The Rules of the Supreme Court-Order 44A [1988 Ed.
(3) The attachment shall be made, according to the nature of the property to be attached, in the manner prescribed for the attachment of property in execution of a judgment for money.
Showing cause, and procedure thereon (O. 44A, r. 9)
9. (1) If the defendant shows such cause or furnishes the required security within the time fixed by the Court, and the property specified in the application, or any portion thereof, has been attached, the Court shall order the attachment to be withdrawn.
(2) If the defendant fails to show such cause or to furnish the required security within the time fixed by the Court, the Court may direct that the property specified in the application, if not already attached, or such portion thereof as may be sufficient to answer any judgment that may be given against the defendant in the action, shall be attached until the further order of the Court.
(3) The attachment shall be made, according to the nature of the property to be attached, in the manner prescribed for the attachment of property in execution of a judgment for money.
Saving of rights of other persons under attachment (O. 44A, r. 10)
10. (1) The attachment shall not affect the rights of any persons not being parties to the action, and in the event of any claim being preferred to the property attached before judgment, such claim shall be investigated in the manner prescribed for the investi- gation of claims to property attached in execution of a judgment.
(2) Where the property consists of movable property to which the judgment debtor is entitled subject to a lien or right of some other person to the immediate possession thereof, the attachment shall be made by a written order prohibiting the person in possession from giving over the property to the judgment debtor or to any other person.
Removal of attachment on furnishing of security (O. 44A, r. 11)
11. In any case of attachment before judgment the Court shall at any time remove the same on the defendant furnishing the required security together with security for the costs of the attach-
ment.
Power to award compensation to defendant for unjustifiable attach-
ment (O. 44A, r. 12)
12. (1) If it appears to the Court that the attachment was applied for on insufficient grounds, or if the action is dismissed or judgment is given against the plaintiff by default or otherwise and it appears to the Court that there was no probable ground for instituting the action, the Court may, on the application of the defendant, made either before or at the time of the pronouncing of the judgment, award against the plaintiff such amount, as it may deem a reasonable compensation to the defendant for any injury or
Page 170Page 171
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