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The Public Demands Recovery Act, 1913 (Bengal Act)

( ACT NO. III OF 1913 )


Attachment of decree
19. (1) The attachment of a Civil Court decree for the payment of money or for sale in enforcement of a mortgage or charge shall be made by the issue to the Civil Court of a notice requesting the Civil Court to stay the execution of the decree unless and until-
(i) the Certificate-officer cancels the notice, or
(ii) the certificate-holder or the certificate-debtor applies to the Court receiving such notice to execute the decree.
(2) Where a Civil Court receives an application under clause (ii) of sub-section (1), it shall, on the application of the certificate-holder or the certificate-debtor, and subject to the provisions of the Code of Civil Procedure, 1908, proceed to execute the attached decree and apply the net proceeds in satisfaction of the certificate.
(3) The certificate-holder shall be deemed to be representative of the holder attached to the decree, and to be entitled to execute such attached decree in any manner lawful for the holder thereof.

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