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, 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 -- Attachment before judgment - Against third parties - Cannot be ordered against the third party - Attachment before judgment can be ordered against the defendant only on certain conditions being satisfied - There is no procedure prescribed in impleading the additional parties in the applications when they were not added as..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Injunction order passed by Court not complied with - Registration of case under Section 406 I.P.C. against defendant - Per se would not constitute sufficient ground for passing order attaching property before judgment...........
Civil Procedure Code, 1908, Section 115, Order 38, Rule 5 -- Order directing defendant to furnish security while dismissing application under Order 38 Rule 5 - Not justified - Set aside...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Stringent provisions - Can be taken recourse to once basic ingredients specified are satisfied and Court prima facie of the view that decree of Court likely to be frustrated or unnecessary delay...........
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..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Provision can be invoked on very strong facts and there should be some positive averments before the order for attachment before judgment could be passed - Vague allegations cannot satisfy the ingredients underlining this provision...........
