Gujarat High Court Civil Manual (subordinate court practice), 1960
Satisfaction of a decree is enforced sometimes by the arrest of the judgment-debtor but more commonly by seizing and, if necessary, selling his property or by ordering him to abstain from dealing with his property and eventually selling it. The Code lays down in detail the circumstances in which a judgment-debtor may be arrested and what property may be attached and sold. Underlying these provisions there is always the assumption that only the property of the judgment-debtor can be attached and sold. Some Judges realize fully this part of the theory of the Code. They know that when property not belonging to a judgment-debtor is attached, it can be released from attachment on that fact being proved. Consequently they think there is no great need to be scrupulously careful before ordering attachments to have prima facie assurance that the property to be attached belongs to the judgment-debtor. The truth is that it is grossly unjust to attach one person's property in order to discharge another person's obligations, still more so to sell such property and the theory of the Code recognizes this. Consequently it is an imperative duty of Judges to have prima facie proof before ordering attachment that the property is that of the judgment-debtor. Such prima facie proof as is necessary may be furnished in an affidavit by the decree-holder ; but if that be not enough to satisfy the Judge, he may demand something more, before issuing attachment.