Power to attach subject of dispute and to appoint receiver.

What this section does

If, after making an order under section 164(1), the Magistrate considers the case an emergency, or finds that none of the parties was in possession, or is unable to determine which party was in possession, he may attach the subject of dispute until a competent Civil Court determines the rights of the parties. The Magistrate may make arrangements for looking after the attached property or appoint a receiver with powers equivalent to a receiver under the Code of Civil Procedure 1908; if a Civil Court subsequently appoints a receiver, the Magistrate's receiver must hand over possession and is discharged.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Procedure at a glance

Key actors

Executive Magistrate · Receiver · Civil Court

Time limit

Attachment continues until a competent Civil Court determines the rights of the parties; may be withdrawn earlier if no likelihood of breach of peace remains

Derived from CrPC s.146.