Order XXI Rule 43A CPC: Custody of Movable Property
Order 21 Rule 43A of the Code of Civil Procedure, 1908 regulates the local custody of attached livestock, agricultural implements and other movable articles that cannot conveniently be removed. It also provides remedies when a custodian fails to produce or restore the property, or returns it in a damaged condition.
Text of Order XXI Rule 43A CPC
Rule 43A(1) - Appointment of a custodian
Where the property attached consists of live-stock, agricultural implements or other articles which cannot conveniently be removed and the attaching officer does not act under the proviso to rule 43, he may, at the instance of the judgment-debtor or of the decree-holder or of any other person claiming to be interested in such property, leave it in the village or place where it has been attached, in the custody of any respectable person (hereinafter referred to as the "custodian").
Rule 43A(2) - Default and compensation
If the custodian fails, after due notice, to produce such property at the place named by the Court before the officer deputed for the purpose or to restore it to the person in whose favour restoration is ordered by the Court, or if the property, though so produced or restored, is not in the same condition as it was when it was entrusted to him, -
(a) the custodian shall be liable to pay compensation to the decree-holder, judgment-debtor or any other person who is found to be entitled to the restoration thereof, for any loss or damage caused by his default; and
(b) such liability may be enforced -
(i) at the instance of the decree-holder, as if the custodian were a surety under section 145;
(ii) at the instance of the judgment-debtor or such other person, on an application in execution; and
(c) any order determining such liability shall be appealable as a decree.
Meaning and scope of Rule 43A
Attachment is a step in execution by which property is placed under legal restraint to facilitate satisfaction of a decree. Movable property generally means property capable of being moved, including livestock, equipment and goods. A decree-holder is the person in whose favour a decree has been passed, while a judgment-debtor is the person against whom it has been passed.
Rule 43A applies where the property has already been attached, removal is inconvenient, and the attaching officer does not exercise the immediate-sale power under the proviso to Rule 43. The provision permits custody at the village or place of attachment, not release from attachment.
How custody of attached movable property works
- Attachment: The executing officer attaches the movable property in accordance with the applicable execution rules.
- Request: The judgment-debtor, decree-holder or another interested claimant may request that the property remain locally.
- Officer's decision: If Rule 43A conditions are met, the officer may entrust the property to a respectable custodian.
- Safekeeping: The custodian should preserve the property and comply with the Court's subsequent directions for production or restoration.
- Default: After due notice, failure to produce or restore, or deterioration attributable to the custodian's default, may result in compensation liability.
Custodian's liability and remedies
Rule 43A(2)(a): The custodian is liable for loss or damage caused by default, payable to the decree-holder, judgment-debtor or another person found entitled to restoration. Liability is not automatically imposed merely because an item is old or naturally depreciates; the relevant default, condition and loss must be examined.
Rule 43A(2)(b)(i): A decree-holder may enforce the liability as if the custodian were a surety under Section 145 CPC, which deals with enforcement of liability arising from security or guarantees in proceedings.
Rule 43A(2)(b)(ii): A judgment-debtor or another entitled person may seek enforcement through an application in execution.
Rule 43A(2)(c): An order determining the custodian's liability is appealable as a decree, subject to the applicable procedural and limitation rules.
Relationship with Order XXI Rule 43
Order XXI Rule 43 generally requires actual seizure of movable property (other than agricultural produce) in the judgment-debtor's possession, with custody by the attaching officer or a subordinate. Its proviso allows immediate sale where property is subject to speedy natural decay or custody costs are likely to exceed its value. Rule 43A creates a separate local-custody option for articles that cannot conveniently be removed, when the officer does not use that proviso.
Rules 44 and 45 separately address attachment and treatment of agricultural produce. State amendments and applicable High Court rules should be checked before relying on the procedure in a particular jurisdiction.
Frequently asked questions
Can attached livestock remain in the same village?
Yes. If the requirements of Rule 43A are satisfied, the attaching officer may leave livestock or other qualifying articles with a suitable custodian at the place of attachment.
Who can request appointment of a custodian?
The decree-holder, judgment-debtor or another person claiming an interest in the attached property may request local custody. The officer's power is discretionary.
What happens if the custodian does not return the property?
Following due notice, failure to produce or restore the property may expose the custodian to compensation for resulting loss or damage, enforceable through the mechanisms in Rule 43A(2).
Is an order fixing the custodian's liability appealable?
Yes. Rule 43A(2)(c) expressly provides that an order determining that liability is appealable as a decree.
Official legal reference
Read the Code of Civil Procedure, 1908 - India Code (official PDF), including Order XXI in the First Schedule and Section 145. For local amendments, consult the applicable State legislation and High Court rules.
Legal information updated 14 October 2026. This article is for general reference and does not replace jurisdiction-specific legal advice.