Civil Procedure Code, 1908, Order 38, Rule 5, 6 -- Attachment before judgment - Forms in appendices have flexibility and cannot have any overriding effect on Sections and Rules in various Orders of CPC...........
Civil Procedure Code, 1908, Order 38, Rule 5, 6 -- Attachment before judgment - Court has power to pass order of conditional attachment U.O.38.R.5(3) CPC if it was not passed alongside the direction issued U.O.38.R.5(1) CPC - Such an order can be passed at any stage of a suit as clearly stated in U.O.38.R.5(1) CPC...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Properties are situated in two separate districts - However, trial Court has not considered the said fact - Impugned order of allowing application does not relate to any such attachment before judgment except to make an entry in record of Registering Authority - Provisions of O.38.Rr.5, 6 CPC are..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Recovery suit - Claim of plaintiff is based on promissory note - Acute financial embarrassment is being faced by defendant, as three loans having been availed from three different quarters running into enormous amount after date of execution of promissory note - There are thus, reasonable grounds..........
Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Two sets of restraint orders simultaneously i.e. attachment before judgment and temporary injunction - Erroneous and irregular - Order of attachment before judgment allowed and order passed U.O.39.Rr.1,2 set aside...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - On the date of passing order of attachment defendant was not the owner of property - Apprehension of alleged intended sale lost - Owner of property is entitled to get the attachment lifted...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Person applying for order of attachment U.O.38.R.5 CPC should necessarily establish that there is reasonable chance of decree being passed against defendant in the suit...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - When incorporeal or intangible asset is sought to be attached then merely because property is incapable of division or appointment as in the case of movable or immovable property is not a valid ground for refusing order of attachment U.O.38.R.5 CPC...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Incorporeal or intangible property like copyright in respect of a movie produced is not exempted from attachment under the scheme of CPC...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Expression `dispose' - Includes not only transfer or assignment but also every intermeddling or change in property designed to take property out of the hands of person in whose disposing power, control and domain the property is vested...........
