Civil Procedure Code, 1908, Section 64, Order 38, Rule 11 -- Attachment before judgment - Alienation of property by JD - Sale of property during subsistence of order of attachment before judgment - Attachment order prevails on such alienation of property...........
Civil Procedure Code, 1908, Order 38, Rule 11, 11A, Civil Procedure Code, 1908, Order 21, Rule 54 -- Attachment before judgment - Property attached before judgment and a decree subsequently passed in favour of plaintiff - It shall not be necessary upon an applicant for execution of such decree to apply for re-attachment of property, as said order of attachment before..........
Civil Procedure Code, 1908, Order 38, Rule 11, Civil Procedure Code, 1908, Order 21, Rule 57 -- Attachment before judgment - Order of attachment passed before judgment ceased by closing of execution without any order regarding continuation of attachment order - Advantage of order of attachment before judgment passed in suit was thus, not available to DH in his subsequent..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - An order of attachment before judgment is a harsh step and same cannot be resorted to in a routine manner - Power U.O.38.R.5 CPC is a drastic and extra ordinary power and such power should not be exercise mechanically or merely for the asking - Court should be satisfied about existence of a prima..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Attachment U.O.38.R.5 CPC is preventive and not punitive - Sole object behind order levying attachment before judgment is to give an assurance to plaintiff that decree, if passed, would be satisfied - It is a sort of guarantee against decree becoming infructuous for want of property...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Affidavit in support of contentions of applicant must not be vague - Vague and general allegation that defendant is about to dispose of property or remove it beyond jurisdiction of Court, unsupported by particulars, would not be sufficient compliance with rule...........
Civil Procedure Code, 1908, Order 38, Rule 5, 6 -- Attachment before judgment - Court has to consider cause shown by defendant and pass final orders - If decision is in favour of defendant, an order U.O.38.R.6(2) CPC has to be passed - If conclusion is against defendant, an order of nature U.O.38.R.6(1) CPC should follow - At any rate, there is no legal basis for order..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Affidavit of Managing partners of plaintiff firm revealed that suit property is only asset of defendant company and company is taking hasty steps to encumber said property - Affidavit does not disclose nature of enquiry made by him or source of his information - In absence of precise averments in..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Hypothecated vehicles - Vehicles sought for attachment were purchased and registered outside local jurisdiction of Court - Defendant is only custodian of vehicles and yet to become owner of same, as vehicles hypothecated with financial institution being first charge to such properties - Material..........
Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Section 151 -- Attachment before judgment - Furnishing of security - Recovery suit - Defendant sold suit properties just after service of summons of suit - No prejudice would be caused to defendant in case, he submits appropriate security of..........
