Explain provisions of Civil Procedure code regarding attachment before judgment

 Attachment before judgment is an extraordinary protective remedy under Order 38 Rules 5 to 13 CPC to stop the defendant from defeating the future decree by disposing of or removing property.

For a Judicial service interview, your 30-second answer should focus on object, conditions, procedure, and effect.

30-second answer

“Attachment before judgment is provided in Order 38 Rule 5 CPC. Its object is to prevent the defendant from defeating execution of a possible decree by disposing of or removing property from the court’s jurisdiction. The court must be satisfied, on affidavit or material, that the defendant intends to obstruct or delay execution; therefore it may call upon him to furnish security or show cause.

If he fails, the court may order attachment of sufficient property, and in urgent cases even conditional attachment can be made.

It is a drastic and discretionary power, used sparingly; it does not create title in the plaintiff, and if security is furnished or the suit is dismissed, attachment is withdrawn.”

Memory trick

Use this formula: “Fear + Security + Failure = Attachment.”

• Fear: Court fears defendant will defeat decree.

• Security: Court first asks defendant to furnish security or show cause.

• Failure: If defendant fails, property is attached.

Interview keywords

Say these words confidently:

• Order 38 Rule 5.

• Prevent delay or defeat of decree.

• Dispose/remove property.

• Show cause or furnish security.

• Conditional attachment.

• Extraordinary and sparingly used.

• No title created in plaintiff.

One-line caution

Mere allegation is not enough; the court needs prima facie material showing intention to obstruct or delay execution.