CPC 1908 § Order XXI, Rule 49 — Attachment of partnership property

Statutory text (English)

(1) Save as otherwise provided by this rule,
property belonging to a partnership shall not be attached or sold in execution of a decree other than a
decree passed against the firm or against the partners in the firm as such.

(2) The Court may, on the application of the holder of a decree against a partner make an order
charging the interest of such partner in the partnership property and profits with payment of the
amount due under the decree, and may, by the same or a subsequent order, appoint a receiver of the
share of such partner in the profits (whether already declared or accruing) and of any other money
which may be coming to him in respect of the partnership, and direct accounts and inquiries and make
an order for the sale of such interest or other orders as might have been directed or made if a charge
had been made in favour of the decree-holder by such partner, or as the circumstances of the case may
require.

(3) The other partner or partners shall be at liberty at any time to redeem the interest charged,
or, in the case of a sale being directed, to purchase the same.

(4) Every application for an order under sub-rule

(2) shall be served on the judgment-debtor
and on his partners or such of them as are within1[Pakistan].

(5) Every application made by any partner of the judgment-debtor under sub-rule

(3) shall be
served on the decree-holder and on the judgment-debtor, and on such of the other partners as do not
join in the application and as are within 1[Pakistan].

(6) Service under sub-rule

(4) or sub-rule

(5) shall be deemed to be service on all the partners,
and all orders made on such applications shall be similarly served.

Source and verification

Source citation: CPC (Act V of 1908) First Schedule, Order XXI, Rule 49 (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. 115, 116, 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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Historical text notes

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• Date not confirmed: Consolidated current text as published in the official Pakistan Code PDF (p. 115, 116) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment…

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