Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - There is no provision anywhere in CPC for impleading the owner of property under attachment before judgment as a party to suit - Making the strangers/owners of property under attachment before judgment as additional defendants on application of plaintiffs would really amount to denying them..........
Civil Procedure Code, 1908, Section 64 -- Private alienation of property - S.64 CPC has no application in the suit of recovery of money, where the transfer effected over immovable property is prior to attachment before judgment...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Essential requirement for order of attachment is mala fide intention and conduct of defendant in disposing of property with dishonest intention of defeating or delaying the decree that may be passed in the suit...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Specific particulars or details of property which the defendant is intending to sell has to be given in the application - In the absence of the same application U.O.38.R.5 CPC not maintainable...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Jurisdiction of Court to order attachment before judgment arises only when it is satisfied by Affidavit, supported by particulars that defendant is about to dispose of whole or any part of property with intention to obstruct or delay the execution of decree that may be passed against him...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Leave granted subject to condition of furnishing surety equivalent to cheques amount - Case based on cheques which were issued for consideration - Condition imposed while granting leave to defend, as the Court convinced on the point of filing an application by plaintiff U.O.38 R/W..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Apprehension that defendant will lease out the land - Held, mere leasing out does not amount to dispose of or removal of said property from the local jurisdiction of Court - No case made out for attachment of property - Petition dismissed...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Prohibitory injunction - Executing Court may execute the decree for prohibitory injunction by delivery of any property specifically decreed or; by attachment and sale or sale without attachment of the property of the judgment-debtor or; by arrest and detention of judgment-debtor in civil prison or; by appointing..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Second application - Held, maintainable when first application was dismissed being vague as there were no allegations as to how the defendants are out to dispose of the property and in the second application numerous instances are mentioned alongwith prima facie proofs to show that defendants are..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgments - Property already mortgaged can be attached before judgment...........
