investigated in the manner prescribed for the investigation of claims to property attached in
execution of a decree.
Removal of attachment.
6.
In all cases of attachment before Judgment, the Court shall at any time remove the attachment, on
the defendant furnishing security as above required, together with security for the costs of the
attachment, or upon an order for a non-suit or striking out the matter.
In which court proceeding may be taken.
7.
(1) the application may be made to the Court in the Judicial Division where the defendant resides or
in the case «i urgency, where the property proposed to be attached i situate and the Court may
make such order as the Conn shall deem just.
(2)
In case an order for the attachment of property is issued by a different Court from that in which the
suit is pending, that court shall, on the request of either of the parties, transmit the application and
evidence therein to the Court in which the suit is pending, retaining the property in the meantime
under attachment or taking sufficient security for its value, and the Court in which the suit is
pending shall thereupon inquire to and proceed with the application in accordance with the foregoing
provisions, in such manner as shall seem just.
ORDER 31
NEEDLESS DETENTION OF CHATTELS AND REPARATION FOR IT
Damages for needless detention, etc.
1.
(a)
(b)
Where a Court on an application of a party, makes an order to hold to bail, or of sale,
injunction or attachment or any warrant to stop the clearance of, or to arrest any chattel upon any
condition andit later appears to the Court that an order made by it was applied for on insufficient grounds; or
the suit in which the application was made is struck out or dismissed or Judgment is given against
the applicant by default or otherwise and it appears to the Court that there was no probable ground
for instituting such a suit, the Court may on application of the defendant made at any time
before the expiration of three months from the termination of the suit, award the defendant an
amount of compensation not larger than one that could be awarded for damages in any suit.
ORDER 32
STAY OF PROCEEDINGS OR EXECUTION PENDING APPEAL
Stay of proceedings or execution pending appeal.
1.
Where any application is made to the Court for a stay of execution, or of proceedings under
any Judgment or decision appealed from, such application shall be made by notice of motion
supported by affidavit setting forth the grounds upon which a stay of execution or of
proceedings is sought.
Court may grant or refuse order for stay.