Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Suit for recovery of money - When defendant is got restrained from alienating his property, then order to attach property before judgment should not be made...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Power can be exercised only when defendant is about to dispose of whole or part of his property or is about to remove the whole or part of his property from the local limits of jurisdiction of the Court with intent to obstruct or delay execution of the decree...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Provision is extraordinary in nature and has to be sparingly invoked - Before exercise of these powers, the Court must be satisfied about the intention of the defendant to obstruct or delay the execution of the decree that may be passed against him and of his actions or intention to remove his property as to dispose it of...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - A mere allegation that the defendant was selling off his properties is not sufficient to invoke the provision - To get relief under the provision plaintiff has to give material particulars, source of information and grounds to prove the allegations made in the application...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Cannot be ordered merely because Court thinks that no harm would be done thereby or that the defendants would not be prejudiced - A mere allegation that the defendant was selling off his properties is not sufficient to invoke the provision...........
Civil Procedure Code, 1908, Section 136, Order 38, Rule 5 -- Attachment before judgment - Property situated in jurisdiction of another Court - Order sent directly to another Court without sending it to District Court within the local limits of whose jurisdiction such property situated as required under S.136 - Does not invalidate the attachment order...........
Civil Procedure Code, 1908, Order 38, Rule 5(2) -- Attachment before judgment - Without specifying property - Court has power to direct defendant to disclose his property so that Court can order its attachment...........
Civil Procedure Code, 1908, Section 115, Order 38, Rule 5, 6 -- Court not passing any order under rule 5 - Order rejecting prayer for attachment can be deemed to be an order under rule 5 and not rule 6 - Hence revision u/s 115 is maintainable...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Mandatory requirement - Recording of satisfaction as to whether defendant is likely to dispose of whole or any part of his property is mandatory - Attachment made without complying with such requirement - Void - Matter remanded for fresh consideration...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Mere allegations supported by an affidavit - Cannot form the basis of an order U.O.38.R.5 CPC - Court must be satisfied that action of the defendant is voluntary in nature from which legitimate inference of the intention to obstruct or delay the execution can be drawn and that the defendant is about to dispose or remove from..........
