ORDER 41 : EXECUTION BY SEIZURE AND SALE OF MOVABLE PROPERTY

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1. Where a judgment or order of a Court directing the recovery by or payment to any person of money is sought to be enforced by a writ of execution for the sale of movable property, the writ may be issued upon a request in writing to the Registrar of the Court signed by the party applying for the writ, accompanied by an affidavit of the amount still due under the judgment or order. The request shall state the title of the action, the date of the judgment or order sought to be executed and the name of the person or firm against whose goods the writ is to be issued.

2. Writs for the seizure and sale of movable property shall be passed to a bailiff for execution, and the provisions of Order 44 shall apply.

3. When on the hearing of an application by a person claiming property seized under a writ the judgment creditor, though given notice, does not appear, the property claimed shall be delivered back to the person in whose possession it was when seized.