Order XXI Rule 45 CPC - Provisions as to Agricultural Produce Under Attachment
Order XXI Rule 45 of the Code of Civil Procedure, 1908 governs the custody, care, harvesting and continued attachment of agricultural produce seized during execution of a civil decree.
The rule protects the value of a crop while allowing the executing court to supervise its preservation. It operates alongside Order XXI Rule 44, which prescribes how agricultural produce is attached.
Meaning and scope of Order 21 Rule 45 CPC
Attachment is a court-directed legal restraint on property to facilitate execution of a decree. A judgment-debtor is the person against whom a decree has been passed, while a decree-holder is the person in whose favour the decree is passed (see Section 2 of the CPC). A growing crop is agricultural produce still attached to the soil before harvesting.
Rule 45 explained, sub-rule by sub-rule
Rule 45(1): Custody and expected harvest date
The court must make arrangements it considers sufficient for custody of attached agricultural produce. An application to attach a growing crop must state when the crop is likely to be ready for cutting or gathering.
Rule 45(2): Care, harvesting and preservation
Subject to court-imposed conditions, the judgment-debtor may tend, cut, gather, store and preserve the produce. If the judgment-debtor fails to take necessary steps, the decree-holder may do so personally or through an appointee, but only with the court's permission and subject to its conditions. The resulting costs are recoverable from the judgment-debtor as part of the decree.
Rule 45(3): Attachment continues after harvesting
Harvesting does not automatically end an attachment imposed while the crop was growing. The produce remains attached after it is severed from the soil; a fresh attachment is not required merely because of harvesting.
Rule 45(4): Suspension of early attachment orders
If an attachment order is made well before the crop is expected to be ready, the court may suspend execution of that order for an appropriate period. It may also prohibit removal of the crop while execution is pending.
Rule 45(5): Twenty-day restriction for non-storable crops
A growing crop that cannot, by its nature, be stored cannot be attached under this rule during the period of fewer than 20 days before its expected cutting or gathering.
How the rule works in practice
When a decree-holder seeks attachment of a growing crop, the application should identify the produce and specify its expected harvest date. The executing court determines suitable custody arrangements. It may allow the judgment-debtor to maintain and harvest the crop on conditions, or permit the decree-holder to undertake necessary preservation work if the judgment-debtor fails to do so.
Harvesting alone does not release the produce from attachment. Where attachment has been ordered too early, the court can postpone execution and restrict removal of the crop in the meantime.
Related legal provisions
Order XXI Rule 44 sets out the method of attaching growing or harvested agricultural produce by affixing copies of the attachment warrant. Section 60 CPC describes property liable to attachment and applicable exemptions, including certain agricultural produce. Section 61 CPC empowers State Governments to declare exempt portions of agricultural produce. These exemptions must be considered before proceeding against a crop.
Order XXXVIII Rule 12 CPC separately restricts attachment before judgment of agricultural produce in the possession of an agriculturist. That rule addresses a different stage of proceedings from execution under Order XXI.
Official statutory reference
Read the Code of Civil Procedure, 1908 on the official India Code website (PDF), including Order XXI Rules 44 and 45 and Sections 60 and 61. State-specific High Court amendments and applicable local rules should also be checked for the court concerned.
Frequently asked questions
Does harvesting cancel attachment?
No. Under Rule 45(3), attachment continues even after a growing crop is severed from the soil.
Can a judgment-debtor harvest an attached crop?
Yes, subject to conditions imposed by the court under Rule 45(2).
Who pays for preservation if the judgment-debtor fails to act?
With the court's permission, the decree-holder may arrange preservation and recover the resulting costs from the judgment-debtor as part of the decree.
Can all crops be attached just before harvest?
No. Rule 45(5) bars attachment under that rule of a growing crop that cannot be stored when fewer than 20 days remain before its expected cutting or gathering.
This article explains the central CPC provision. Local amendments, exemptions and individual court orders may affect its application. Updated 14 October 2026.