Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Property remains to be attached till final decision of execution proceedings - Even if the execution application is dismissed in default, the order of attachment before judgment does not cease...........
Civil Procedure Code, 1908, Section 60, Order 38, Rule 5 -- Benefits of S.60(1) Proviso are available even at the time of attachment before judgment U.O.38.R.5 CPC...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Against third parties - Cannot be ordered against the third party - Attachment before judgment can be ordered against the defendant only on certain conditions being satisfied - There is no procedure prescribed in impleading the additional parties in the applications when they were not added as..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Injunction order passed by Court not complied with - Registration of case under Section 406 I.P.C. against defendant - Per se would not constitute sufficient ground for passing order attaching property before judgment...........
Civil Procedure Code, 1908, Order 21, Rule 57, 58, Civil Procedure Code, 1908, Order 38, Rule 5 -- Execution - Dismissal for default - Effect on attachment made by Execution Court and Attachment before judgment - Dismissal of execution for default will remove only attachment made by Execution Court - However, attachment before judgment would continue without being affected..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Provision can be invoked on very strong facts and there should be some positive averments before the order for attachment before judgment could be passed - Vague allegations cannot satisfy the ingredients underlining this provision...........
Civil Procedure Code, 1908, Order 38, Rule 5, 6 -- Stringent provisions exercised by Court when applicant able to make out a prima facie case on the one hand and on the other hand able to satisfy the ingredients under these provisions - Order 38 Rule 5 postulates different orders - Not necessary that Court must straight away pass order of attachment before judgment -..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Conditional order passed for furnishing security and on failure to effect attachment - Time not fixed for furnishing security - Absence of party when bailiff went to spot - Conclusion as to failure to furnish security - Not justified as no opportunity given for the same - Held, attachment is void...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Provision is mandatory in nature...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Court must apply its mind whether it would require the defendant to furnish security within the directed period or whether the Court would like to issue notice to show cause why the defendant should not furnish such security...........
