Gujarat High Court Civil Manual (subordinate court practice), 1960
Before ordering attachment, the Judge should satisfy himself that the judgment-debtor has an attachable interest in the property. The Code provides that when the decree is for the payment of money the decree-holder may apply for an order that certain persons be orally examined as to the means the judgment debtor has of satisfying the decree (Order XXI, rule 41). A form of notice for the purpose is given as No. 7 at page 529, of Volume II. It is also open to the Court of its own motion to make such an inquiry. But where any party to an execution proceeding is at a disadvantage owing to ignorance, poverty, want of proper legal advice or other cause, it is the duty of the Judge, as far as possible, to prevent injustice being done as a consequence of that disadvantage.