(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 within India.
(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 India.
(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.
Order XXI Rule 41 CPC Examination of judgment-debtor as to his property
Order XXI Rule 43A CPC Custody of movable property
Order XXI Rule 44 CPC Attachment of agricultural produce
Order XXI Rule 45 CPC Provisions as to agricultural produce under attachment
Order XXI Rule 46A CPC Notice to garnishee
Order XXI Rule 46B CPC Order against garnishee
Order XXI Rule 46C CPC Trial of disputed questions
Order XXI Rule 46D CPC Procedure where debt belongs to third person
Order XXI Rule 46E CPC Order as regards third person
Order XXI Rule 46F CPC Payment by garnishee to be valid discharge
Order XXI Rule 46H CPC Appeals
Order XXI Rule 46I CPC Application to negotiable instruments
Order XXI Rule 47 CPC Attachment of share in movables
Order XXI Rule 48A CPC Attachment of salary or allowances of private employees