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..........
Civil Procedure Code, 1908, Order 24, Rule 1, Civil Procedure Code, 1908, Order 38, Rule 5 -- Amount/bank guarantee deposited in pursuance of O.38.R.5 CPC cannot be treated to be one U.O.24.R.1 CPC...........
Civil Procedure Code, 1908, Order 38, Rule 5, 6 -- Attachment before judgment - Recovery suit - Property offered as a security is inadequate and less than 1/3rd of suit claim - Order of attachment of property before judgment is proper...........
Civil Procedure Code, 1908, Section 151, Order 38, Rule 5 -- Attachment before judgment - Recovery suit - Order of attachment was passed on very same day on which notice calling upon defendant to furnish security was served that too without giving sufficient opportunity to defendant to respond to said notice as required U.O.38.R.5(1)(b) CPC - There is thus, non-compliance..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Power U.O.38.R.5 CPC cannot be exercised by Court mechanically or merely for asking of plaintiff...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Plaintiff failed to make out a prima facie case for grant of interim injunction - Resultantly, no prima facie case is made out by plaintiff for grant of attachment of suit property under provisions of O.38.R.5 CPC - Moreover, application filed by plaintiff is bereft of any details as to how relief..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment of property which belongs to educational society - Property of society cannot be attached for recovery of amounts due from the members of the society...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Recovery suit - Defendant directed to furnish bank guarantee by way of security till disposal of case - However, defendant wants to furnish collateral security of equivalent value in lieu of bank guarantee - Since defendant is willing to deposit title of property owned by him worth of which is..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Requirements of the provision are specific and Court cannot act on mere unfounded apprehensions - Applicant had to establish by means of an affidavit or otherwise that defendant was seeking to obstruct or delay execution of any decree that may be passed against him in pending suit by disposing of..........
