Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Revision against order allowing application for attachment before judgment - Plea that defendant is not disposing of the property - In case defendant is not disposing of property then he has no grievance at all to file revision even if impugned order is passed and property is ordered to be..........
Civil Procedure Code, 1908, Order 21, Rule 13, 54 -- Execution - Attachment order - It is implied that executing court has to satisfy itself before passing of order of attachment that judgment debtor had any share or interest in property to be attached, otherwise question of judgment debtor transferring or charging property in any way as contemplated in O.21.R.54 would not..........
Civil Procedure Code, 1908, Order 21, Rule 57, Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - O.21.R.57, CPC does not apply to attachment before judgment U.O.38.R.5 CPC - However, in the absence of any such attachment, it is always open to decree holder to enforce the decree obtained by him against the house property of judgment debtor in..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Suit for recovery of Rs.3.25 lacs as arrears of lease money - It shall be expedient and in the interest of justice so as to obviate the possibility of the petitioner disposing its assets with a view to defeat the decree that may ultimately be passed, that attachment before judgment qua that..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - In the affidavit filed in support of application, plaintiff has stated that defendant is attempting to dispose of the property in question - He has not stated in the affidavit the source of information or apprehension - Held, plaintiff has not established that defendant is attempting to remove or..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment - Furnishing of security - Held, perusal of O.38.R.5 of the Code shows that an order for directing defendant to furnish security can be made if court is satisfied that defendant is about to dispose of whole or any part of his property with intent to obstruct or delay execution of any decree that may be passed..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - It is incumbent upon plaintiff to state grounds on which he entertains the belief or apprehension or furnish the source of information and belief that defendant would dispose of or remove property...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Application for - Defendants/respondents are in established possession - Suit is also not for possession - Held, applicants are not entitled to free access to suit property - Order of attachment cannot also be passed as no ground is made out for exercise of jurisdiction U.O.38.R.5 of the Code...........
Civil Procedure Code, 1908, Order 21, Rule 32, Civil Procedure Code, 1908, Order 21, Rule 32, Civil Procedure Code, 1908, Order 21, Rule 32, Limitation Act, 1963, Article 136 -- Execution - Decree of injunction - A decree of injunction, be it a mandatory injunction or a prohibitory injunction, can be enforced by detention of judgment debtor in civil prison or by attachment..........
Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - If the defendants are with an intention to obstruct or delay the execution of any decree that may be passed against them or about to dispose the whole or any part of his property or is about to remove the whole or any part of his property from the..........
