Civil Procedure Code, 1908, Order 38, Rule 5 -- Mortgaged property - Attachment before judgment - Suit for recovery of money based on mortgage - Order of attachment before judgment can be made even in respect of mortgaged property in exceptional circumstances...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment of property before judgment sought - Furnishing particulars of property - Duty of - It is the decree - holder, who has to furnish all details including description of property to be attached in execution - Attachment of property at instance of judgment-debtor, that too, in a suit for recovery of money, is unknown..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution proceedings - Sale of property - Setting aside of - Sale property attached during pendency of suit for recovery of money - Subsequently executing Court on application by some of respondents, LRs of judgment-debtors, attached and put to sale the property instead of initially attached property, possession of which..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Guarantor sold the property of which he had created equitable mortgage in favour of Bank - Bank filed suit for recovery of loan amount - Order of attachment before judgment - Purchaser of property in question being in possession of property has a right to object to the order before attachment - His property cannot be attached..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution of motor accident award - Order of attachment of land of judgment debtor - Objector claimed that he is owner of said land - Decree holder has attached revenue record to prove that said property is a joint Hindu family coparcenary property - Coparcenaries Status not objected - Owner to the extent of half share by..........
Civil Procedure Code, 1908, Order 21, Rule 41 -- Execution proceeding - Attachment of property - Examination of judgment-debtor - Execution of decree on basis of consent - Defendants judgment-debtors bound to disclose their assets - Leave to dispense with show cause notice to dependants under O.21.R.22, granted - Moreso, when execution is sought after delay of 2 years from..........
Civil Procedure Code, 1908, Order 21, Rule 41, 22 -- Attachment of property - Examination of judgment-debtor - Execution of decree on basis of consent - Application for direction to disclose assets - Proper duty bound to disclose assets for satisfaction of decree - Leave to dispense with show cause notice to dependants under O.21.R.22, granted...........
Civil Procedure Code, 1908, Section 64, Order 38, Rule 5, 10, Transfer of Property Act, 1882, Section 40 -- Agreement of sale - Executed prior to order of attachment before judgment - Held, agreement of sale prevails over the attachment...........
Civil Procedure Code, 1908, Order 21, Rule 46, Civil Procedure Code, 1908, Order 38, Rule 5, 6 -- Ordering attachment of property of Garnishee situated out side the territorial jurisdiction of court - No material to show that debt is payable within jurisdiction of executing Court - Order by executing Court prohibiting garnishee from making payment of judgment-debtor -..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Intention of respondent to dispose of property - Proof of - No proof of intended sale - Respondent did not controvert said contention by filing counter affidavit - Needle of suspicion swings more in favour of the petitioner, than relieving the respondent of his obligation - Refusal for attachment..........
