Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Mere bald statement that defendant is contemplating to alienate the property - Is not sufficient - An order for attachment before judgment can only be issued if there is mala fide intention and the conduct of the defendant in disposing of or about to dispose of his property with the dishonest..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Offer of alternate property - Different property cannot be substituted for original one specified and attached, if objected to by the other party either on ground that alternate property offered as security is much less in value than plaint claim or on ground that party offering it has no title..........
Civil Procedure Code, 1908, Order 21, Rule 54, Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - In execution no separate attachment is necessary when property was attached before judgment...........
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, Order 21, Rule 58(2) -- Execution - Sale of property attachment before judgment for realisation of amount due under money decree - Appellants filed claim petition to release the property from attachment based on an agreement of sale executed by J.D. and possession delivered thereunder - Holding of an enquiry by Court for disposal of claim..........
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..........
Transfer of Property Act, 1882, Section 52, 53 -- Lis pendens - Applicability - Lis pendens starts from presentation of suit and continues till decree is executed - Private sale made by J.D. who is aware of decree and of attachment made before judgment and who has no evidence to prove that transfer is for consideration, has to be held fraudulent and voidable at instance of..........
Civil Procedure Code, 1908, Order 38, Rule 4, 5 -- Attachment before judgment - Coercive directions - Cannot be taken recourse to in a casual manner - Can be invoked on very strong facts - Applicant must have not only a prima facie case but should be able to satisfy Court that grounds pleaded satisfy ingredients of Order 38 Rule 5 - There should be some positive averments..........
Civil Procedure Code, 1908, Order 41, Rule 6(2) -- Stay of sale of attached immovable property as appeal admitted to regular hearing - Not proper - Unless some type of security in addition to attachment of immovable property is furnished by judgment - debtor - Stay of sale of property during pendency of appeal cannot be granted...........
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 -..........
