Civil Procedure Code, 1908, Order 38, Rule 5 -- Furnishing security in lieu of attachment - Security/surety bond furnished stands as substitute for attachment - Purpose of such security is to ensure satisfaction of decree in the event suit is ultimately decreed - Merely because suit has been decreed does not render security bond otiose or unenforceable - What comes to an..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Furnishing security in lieu of attachment - Once suit is decreed security furnished pursuant to an order U.O.38.R.5 CPC survives and enures to the benefit of DH - At the stage of execution liability of surety arises in terms of bond furnished by him...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Cannot extend to properties which have already been alienated prior to institution of suit...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Attachment before judgment is only an ancillary, protective relief to secure decree subject to adjudication of independent claims and cannot prejudice pre-existing rights or confer any substantive advantage upon plaintiff beyond securing satisfaction of decree...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Registered sale deed in favour of original applicant was executed prior to institution of suit - In such circumstances, essential condition for invoking attachment before judgment U.O.38.R.5 CPC that property belongs to defendant on the date of institution of suit is absent - Plaintiff's remedy,..........
Civil Procedure Code, 1908, Order 38, Rule 8, Civil Procedure Code, 1908, Order 21, Rule 58 -- Attachment before judgment - Any claim U.O.38.R.8 r/w O.21.R.58 CPC must be adjudicated recognizing protective and procedural nature of attachment before judgment without prejudicing pre-existing rights of bona fide third parties...........
Civil Procedure Code, 1908, Order 38, Rule 8, Transfer of Property Act, 1882, Section 53 -- Attachment before judgment - Determination of whether sale deed is fraudulent is exclusively governed by S.53 of T.P Act and claim petition procedure O.38.R.8 CPC cannot substitute or override statutory safeguards and requirements of such substantive proceedings...........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - When operation of specific orders directing furnishing of bank guarantee and issuing conditional warrants of arrest were passed, there was no blanket stay granted on continuation of execution proceedings - Executing Court, therefore, was fully competent to proceed further with execution and to issue..........
Civil Procedure Code, 1908, Order 21, Rule 43 -- Execution - Attachment of bank account - Bank account of Judgment Debtor cannot be attached anywhere by way of digital banking - First of all it is to be seen that where the property of JD is situated...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Money decree - Claim petitioner sought to resist execution relying on an unregistered non-possessory agreement executed subsequent to attachment, would not confer any right, title or interest to claim petitioner in suit property to resist execution - Claim petition rightly rejected...........
