Order XXXVIII Rule 12 CPC - Agricultural Produce Not Attachable Before Judgment

Order XXXVIII Rule 12 of the Code of Civil Procedure, 1908 (CPC) protects agricultural produce in the possession of an agriculturist from attachment or an order for production under Order XXXVIII, which governs arrest and attachment before judgment.

Order XXXVIII Rule 12 CPC - Statutory text

Meaning and scope of Rule 12

The provision expressly limits the powers otherwise available under Order XXXVIII. A plaintiff cannot invoke this Order to seek attachment of agricultural produce held by an agriculturist, and a court cannot use this Order to direct attachment or production of that produce.

The restriction concerns attachment before judgment. It should not be confused with every possible form of attachment or execution under the CPC. Different statutory provisions govern post-decree execution, and their exemptions and conditions must be considered separately.

Important legal terms

• Agricultural produce: Produce derived from agricultural operations, such as harvested crops or other farm produce; whether particular goods fall within the provision depends on their nature and the facts.
• Agriculturist: A person engaged in agriculture; the CPC does not provide a single general definition specifically for this rule, and the status may require factual examination and consideration of applicable local law.
• Attachment before judgment: A provisional measure under Order XXXVIII intended to protect the possible enforcement of a future decree where the statutory conditions are satisfied.
• Possession: The rule expressly refers to produce in the possession of an agriculturist. The relevant possession and status should be established on the evidence.

Practical effect of the protection

Even where a plaintiff seeks security or attachment under Order XXXVIII Rule 5 or Rule 6, Rule 12 prevents those powers from being used to attach or compel production of agricultural produce in an agriculturist's possession.

For example, a plaintiff seeking a money decree cannot obtain a pre-judgment attachment order under Order XXXVIII against harvested agricultural produce that remains in the possession of an agriculturist merely to secure the plaintiff's claim. The court must examine the actual nature of the property and possession.

Difference from attachment in execution

Order XXXVIII Rule 12 concerns the powers conferred by Order XXXVIII before judgment. Section 60 CPC separately deals with property liable to attachment and sale in execution of a decree, and includes exemptions subject to the wording of the section and applicable law. In particular, Section 60(1), proviso (b), addresses tools of artisans and, where applicable, implements of husbandry, cattle and seed-grain necessary for an agriculturist's livelihood. These are distinct statutory protections; Rule 12 must not be read as a blanket exemption for all agricultural assets in every proceeding.

Related CPC provisions

• Order XXXVIII Rule 5: Circumstances in which the defendant may be required to furnish security for production of property.
• Order XXXVIII Rule 6: Orders for attachment where cause is not shown or security is not furnished.
• Order XXXVIII Rule 7: Mode of making attachment before judgment.
• Order XXXVIII Rule 9: Withdrawal of attachment when security is furnished or the suit is dismissed.
• Order XXXVIII Rule 12: Specific prohibition relating to agricultural produce in an agriculturist's possession.
• Section 60 CPC: Property subject to attachment and sale in execution, including statutory exemptions.

Frequently asked questions

Can agricultural produce be attached before judgment under Order XXXVIII?

Not when the produce is in the possession of an agriculturist: Rule 12 expressly prohibits attachment or an order for its production under that Order.

Does Rule 12 exempt all farmland and agricultural assets?

No. The rule specifically refers to agricultural produce in an agriculturist's possession, not every kind of agricultural land, equipment or asset.

Does this rule prohibit attachment after a decree?

Rule 12 does not itself determine post-decree execution. The applicable execution provisions, including Section 60 and Order XXI CPC, must be considered.

Official legal reference

Read the Code of Civil Procedure, 1908 on the India Code official legislation portal, including Order XXXVIII of the First Schedule and Section 60. Relevant State amendments and current judicial interpretation should also be checked.

This article is general legal information. Application of the rule depends on the facts, the applicable procedural law and the court's findings.