Civil Procedure Code, 1908, Order 38, Rule 5(2) -- Attachment before judgment - Without specifying property - Court has power to direct defendant to disclose his property so that Court can order its attachment...........
Civil Procedure Code, 1908, Section 115, Order 38, Rule 5, 6 -- Court not passing any order under rule 5 - Order rejecting prayer for attachment can be deemed to be an order under rule 5 and not rule 6 - Hence revision u/s 115 is maintainable...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Mandatory requirement - Recording of satisfaction as to whether defendant is likely to dispose of whole or any part of his property is mandatory - Attachment made without complying with such requirement - Void - Matter remanded for fresh consideration...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Mere allegations supported by an affidavit - Cannot form the basis of an order U.O.38.R.5 CPC - Court must be satisfied that action of the defendant is voluntary in nature from which legitimate inference of the intention to obstruct or delay the execution can be drawn and that the defendant is about to dispose or remove from..........
Civil Procedure Code, 1908, Section 60, Order 38, Rule 5 -- Benefits of S.60(1) Proviso are available even at the time of attachment before judgment U.O.38.R.5 CPC...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Defect in a notice with Form No.5 (Appendix F) will not render the order of attachment void - It is sufficient if there is substantial compliance with the forms...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Vague allegations - It is alleged that defendants No.1 & 2 with intent to obstruct/delay the execution is about to remove the whole or part of its property from the local limits of the jurisdiction of the Court - No details given to show as to in what manner and which property the defendants were..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment cannot be ordered on the ground that defendants No.1 & 2 have to pay great debt to the public or that a new firm has been established by defendant No.2 in the name of his wife...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Applicant should clearly establish two essential requisites - (i) that the defendant is about to dispose of the whole or any part of his property; (ii) that the said disposal is being done with an intention to obstruct or delay the execution of the decree that may be passed against him...........
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..........
