Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Intention of respondent to dispose of property - Proof of - No proof of intended sale - Respondent did not controvert said contention by filing counter affidavit - Needle of suspicion swings more in favour of the petitioner, than relieving the respondent of his obligation - Refusal for attachment..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - If an order of attachment is made without complying with the provisions of sub-rule (1) then order of attachment is void...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Before passing order of attachment before judgment Court must be satisfied that the defendant with intent to obstruct or delay the execution of any decree that may be passed is about to dispose of the whole or any part of his property or is about to remove the whole or any part of his property..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Exparte order without giving any opportunity to the defendant - Held, order is arbitrary, unreasonable, illegal and the same set aside...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Suit for recovery of money - When defendant is got restrained from alienating his property, then order to attach property before judgment should not be made...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Power can be exercised only when defendant is about to dispose of whole or part of his property or is about to remove the whole or part of his property from the local limits of jurisdiction of the Court with intent to obstruct or delay execution of the decree...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Provision is extraordinary in nature and has to be sparingly invoked - Before exercise of these powers, the Court must be satisfied about the intention of the defendant to obstruct or delay the execution of the decree that may be passed against him and of his actions or intention to remove his property as to dispose it of...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - A mere allegation that the defendant was selling off his properties is not sufficient to invoke the provision - To get relief under the provision plaintiff has to give material particulars, source of information and grounds to prove the allegations made in the application...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Cannot be ordered merely because Court thinks that no harm would be done thereby or that the defendants would not be prejudiced - A mere allegation that the defendant was selling off his properties is not sufficient to invoke the provision...........
Civil Procedure Code, 1908, Section 136, Order 38, Rule 5 -- Attachment before judgment - Property situated in jurisdiction of another Court - Order sent directly to another Court without sending it to District Court within the local limits of whose jurisdiction such property situated as required under S.136 - Does not invalidate the attachment order...........
