50. Attachment of property of person proclaimed

The Court issuing a proclamation under section 49 may at any time order the attachment of any property movable or immovable or both a belonging to the proclaimed person.

If the property ordered to be attached consists of debts or other movable property, the attachment shall be made by -

If the property ordered to be attached is immovable, the attachment under this section shall be made through the Land Officer of the district in which the property is situated; and upon the receipt of an order of attachment, the Land Officer shall execute the attachment by -

No such attachment of any land held under a title required by law to be registered shall take effect until the order of attachment is duly registered under the law for the registration of dealings with such land for the time being in force.

If the proclaimed person does not appear within the time specified in the proclamation, the property shall be at the disposal of the

Any person other than the person proclaimed may appear before the Court which made the order of attachment and claim, stating his title thereto, the property or any part thereof attached or ordered to be attached:

The Court shall record the claim so made and shall cause a copy thereof to be served upon the prosecutor together with a notice requiring him to attend before the Court on a day and at a time to be stated therein to show cause why the property, if attached, should not be released, or why such order of attachment should not be cancelled so far as it relates to the property so claimed.

At the hearing, the Court shall proceed to inquire into the truth and justice of the claim so made and to take such evidence as may be necessary.

Such inquiry shall be made, as nearly as may be practicable, in the manner prescribed by Chapter XIX for conducting trials without the aid of assessors.

The Court shall, if satisfied of the truth and justice of the claim, direct the property to be released or the order to be cancelled, or is satisfied as aforesaid as to part only of the claim shall direct such part to be released or so much of the order as relates thereto to be cancelled.