The court ordered for the attachment of agricultural produce. The judgment debtor continued the acts of husbandry, such as, cutting, gathering and storing the produce. Is this proper?

Solution (By Examveda Team)

Attachment: In the context of Code of Civil Procedure, attachment refers to the legal seizure of a debtor's property to secure a debt or judgment. The court's order prevents the debtor from disposing of the attached property.
Agricultural Produce: This refers to crops, fruits, and other products grown on agricultural land. The produce is usually considered the property of the cultivator until harvested and sold.
Acts of Husbandry: These are actions involved in the cultivation and harvesting of crops, including sowing, tilling, weeding, harvesting, and storing.
Correct Answer: B (No)
Once the court has ordered the attachment of the agricultural produce, the judgment debtor is prohibited from performing any acts of husbandry on the attached property that change its nature or value. Cutting, gathering, and storing the produce constitutes a significant alteration in the character of the attached property, as it changes it from attached standing crops to harvested and stored goods. The debtor's actions directly interfere with the court's order to attach and ultimately affect the creditor's ability to recover their debt from the proceeds of sale of that produce.
Why other options are incorrect:
Option A (Yes): This is incorrect because allowing the judgment debtor to continue acts of husbandry after attachment would defeat the purpose of the attachment order. The creditor's rights are compromised if the debtor alters the attached property.
Option C (Judgment debtor will be allowed to cut and gather but not store): This is also incorrect. Even cutting and gathering alters the nature of the attached property. The court aims to preserve the property's value and condition as it was at the time of the attachment order. Permitting the cutting and gathering steps allows the debtor to effectively evade the attachment by making the produce ready for disposal. The storage is merely the final step in that process.
Option D (None of the above): This is incorrect because option B accurately reflects the legal consequence of the judgment debtor's actions.