Code
(1) If the Magistrate at any time after making the order under sub-section (1) of section 145 considers the case to be one of emergency, or if he decides that none of the parties was then in such possession as is referred to in section 145, or if he is unable to satisfy himself as to which of them was then in such possession of the subject of dispute, he may attach the subject of dispute until a competent Court has determined the rights of the parties thereto with regard to the person entitled to the possession thereof:
Provided that such Magistrate may withdraw the attachment at any time if he is satisfied that there is no longer any likelihood of breach of the peace with regard to the subject of dispute.
(2) When the Magistrate attaches the subject of dispute, he may, if no receiver in relation to such subject of dispute has been appointed by any Civil Court, make such arrangements as he considers proper for looking after the property or if he thinks fit, appoint a receiver thereof, who shall have, subject to the control of the Magistrate, all the powers of a receiver appointed under the Code of Civil Procedure, 1908 (5 of 1908):
Provided that in the event of a receiver being subsequently appointed in relation to the subject of dispute by any Civil Court, the Magistrate–
(a) shall order the receiver appointed by him to hand over the possession of the subject of dispute to the receiver appointed by the Civil Court and shall thereafter discharge the receiver appointed by him;
(b) may make such other incidental or consequential orders as may be just.
Explanation
This section empowers a Magistrate to attach the subject matter of a dispute if it is necessary to prevent its disposal, alienation, or removal, which might prejudice the rights of any party involved in the dispute. The Magistrate can appoint a receiver to take possession and manage the attached property.
Illustration
Consider a property dispute between two brothers. If one brother is attempting to sell the disputed property, the other brother can approach the Magistrate seeking an attachment order. The Magistrate, upon satisfaction of the necessary conditions, can order the attachment of the property and appoint a receiver to manage it.
Common Questions and Answers
Q: What are the grounds for attachment under Section 146?
A: The grounds are:
To prevent the disposal of the subject matter of the dispute.
To prevent the alienation of the subject matter of the dispute.
To prevent the removal of the subject matter of the dispute.
Q: Who can apply for an attachment order under Section 146?
A: Any party involved in the dispute can apply for an attachment order.
Q: What are the powers of the receiver?
A: The receiver’s powers are determined by the Magistrate’s order. They typically include taking possession of the attached property, managing it, and preventing its disposal or alienation.
