Civil Procedure Code, 1908, Order 38, Rule 5, 6 -- Attachment before judgment -Tow conditions precedent are : that the defendant is about to dispose of whole or any part of his property and defendant is about to remove the property from local limits of jurisdiction of the Court - Even when such prima facie case is proved, an order of attachment cannot be straightaway..........
Civil Procedure Code, 1908, Section 16, 17, Order 38, Rule 5 -- Attachment before judgment - Money suit - Property sought to be attached need not to be subject matter of the suit claim - Property within or beyond the jurisdiction of Court can be attached...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Filing of application U.O.38.R.5 CPC in a suit in which final decree is to be passed is rare and uncommon - Slight possibility for such applications exists only in cases of mortgage decrees and that too where it emerges that the mortgaged property is found to be inadequate to meet the liability to..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Property not subject matter of partition cannot be attached U.O.38.R.5 CPC...........
Civil Procedure Code, 1908, Section 64(2), Order 38, Rule 10 -- A prior agreement to sell prevails over an attachment made in execution of a decree based upon a subsequent contract - An agreement for sale creates an obligation attached to the ownership of the property and an attachment made in execution of a decree is not free from the obligations incurred under a prior..........
Civil Procedure Code, 1908, Order 38, Rule 8 -- Adjudication U.O.38.R.8 - To be decided following the procedure as laid down U.O.21.R.58 CPC - Such adjudication determining all questions including the questions relating to right, title or interest in the property attached, the order passed therein has the force as if it were a decree and an appeal will lie against such an..........
Civil Procedure Code, 1908, Order 38, Rule 8 -- Third party objections U.O.38.R.8 - Request for raising attachment subjecting to furnishing security - In view of perishable nature of goods order passed to furnish security and thereafter raising attachment - Held, this order is not adjudicating or determining the claims made by the party for the goods attached - Does not..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Suit for specific performance with alternative prayer to return advance amount - Security is to be furnished for the money portion of the decree claimed and not for the market value of the property agreed to be sold...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Court while exercising its jurisdiction U.O.38.R.5 of the Code is required to form a prima facie opinion at that stage - It need not go into the correctness or otherwise of all the contentions raised by the parties - High Court directed appellants to furnish security - Held, that by this order..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - A defendant is not debarred from dealing with his property merely because a suit is filed or about to be filed against him...........
