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 -- 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 5 -- Attachment before Judgment - Application for substitution of property - Defendant at the time of filing of written statement offered to substitute the property by another property and also placed on record the evaluation thereof - Evaluation of property offered is not in dispute - Trial Court after being satisfied with the..........
Civil Procedure Code, 1908, Order 38, Rule 5, 10 -- Attachment before judgment - Court can only order attachment of property belonging to defendant - Admittedly, on the date of ordering attachment before judgment, Court was put on notice that property had been sold to petitioner - Court therefore, fell in error in ordering attachment and subsequently, confirming the same..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - O.38.R.5 CPC does not restrict the power of Court to attach properties which are without jurisdiction of Court...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Defendant had given an undertaking to furnish security - However, he has not furnished security as undertaken by him - Undertaking cannot be treated on par with furnishing security - Trial Court thus, was justified in passing an order of attachment - However, one more opportunity is given to..........
Civil Procedure Code, 1908, Section 151, Order 38, Rule 5 -- Attachment before judgment - Dismissal of application - A case is made out for an order of attachment U.O.38.R.5 CPC - Documents now placed before High court, were not produced before trial Court - Case remanded back for decision of application afresh and petitioners are at liberty to produce said documents..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Vehicles mentioned in application were hypothecated with finance company - Plaintiff could not satisfy as to how hypothecated vehicles in the absence of finance company being one of defendants could be attached before judgment - Even otherwise, value of subject vehicles has not been specified..........
