CPC 1908 § Order XXI, Rule 45 — Provisions as to agricultural produce under attachment

Statutory text (English)

(1) Where agricultural
produce is attached, the Court shall make such arrangements for the custody thereof as it may deem
sufficient and, for the purpose of enabling the Court to make such arrangements, every application for
the attachment of a growing crop shall specify the time at which it is likely to be fit to be cut or
gathered.

(2) Subject to such conditions as may be imposed by the Court in this behalf either in the order
of attachment or in any subsequent order, the judgment-debtor may tend, cut, gather and store the
produce and to any other act necessary for maturing or preserving it; and if the judgment-debtor fails
to do all or any of such acts, the decree-holder may, with the permission of the Court and subject to
the like conditions, do all or any of them either by himself or by any person appointed by him in
this behalf, and the costs incurred by the decree-holder shall be recoverable from the judgment-debtor
as if they were included in, or formed part of, the decree.

(3) Agricultural produce attached as a growing crop shall not be deemed to have ceased to be
under attachment or to require re-attachment merely because it has been severed from the soil.

(4) Where an order for the attachment of a growing crop has been made at a considerable time
before the crop is likely to be fit to be cut or gathered, the Court may suspend the execution of the
order for such time as it thinks fit, and may, in its discretion make a further order prohibiting the
removal of the crop pending the execution of the order of attachment.

(5) A growing crop which from its nature does not admit of being stored shall not be attached
under this rule at any time less than twenty days before the time at which it is likely to be fit to be cut
or gathered.

Source and verification

Source citation: CPC (Act V of 1908) First Schedule, Order XXI, Rule 45 (EXECUTION OF DECREES AND ORDERS): Pakistan Code portal consolidated official PDF 'THE CODE OF CIVIL PROCEDURE, 1908' (First Schedule, Orders I-LI, pp. 58-185), p. 113, ingested 2026-09-15. Automated transcription from official source (pypdf extraction, audited artifact repair); human admin re-check required before production.

Verification status: verified · Text status: auto_transcribed_verified_source

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Official Urdu text status: pending_official_urdu_text. Where official Urdu wording has not been sourced, Qanoon does not substitute an unverified translation for the statutory text.

Historical text notes

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• Date not confirmed: Consolidated current text as published in the official Pakistan Code PDF (p. 113) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment…

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