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Showing posts with label attachment before judgment. Show all posts
Showing posts with label attachment before judgment. Show all posts
Monday, 27 April 2026

Explain provisions of Civil Procedure code regarding attachment before judgment

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 Attachment before judgment is an extraordinary protective remedy under Order 38 Rules 5 to 13 CPC to stop the defendant from defeating the...
Saturday, 7 September 2024

What are essential pre-requisite conditions the court should consider before passing the order of attachment before judgment?

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14. Perusal of the law relevant for the purpose as contained in Rule 5 of Order 38 of the Code, is felt relevant. Therefore, the said provis...
Tuesday, 2 January 2024

Whether S 10 of CPC relating to stay of suit bars the court to entertain subsequent suit and to pass interlocutory orders in that suit?

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By virtue of Section 10 Code of Civil Procedure, a Court is prohibited from proceeding with trial of any suit in which the matter in issue i...
Thursday, 30 November 2023

What is the basic concept and procedure for attachment before judgment as per provisions of Civil procedure Code?

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  Attachment before judgment O 38 R  5. Where defendant may be called upon to furnish security for production of property . —(1) Where at an...
Sunday, 3 April 2022

What are parameters for exercise of power of attachment of property of defendant before Judgment?

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  In so far as I.A. No.11829/2021 is concerned, the law with regard to the provisions of Order XXXVIII Rule 5 of the CPC has been settled by...
Thursday, 28 April 2016

Whether Advocate can get order of attachment before judgment for recovery of professional fees?

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 I find from application Exhibit5 and the order impugned that besides the averments and submission of statistical data below paragraph ...
Monday, 1 June 2015

Whether surety who is defendant can obtain attachment before judgment and Injunction against principal debtor to protect his own interest?

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In view of the aforesaid observations, and especially in view of the provisions of Order 38, Rule 5 read with sections 94(b) & (e) and ...
Sunday, 10 November 2013

Under Order 38 Rule 5 CPC, Court can attach debts due to defendant from third party.

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The above noticed provisions of sub-section (1) of Section 60 read with the provisions of Rule 7 and 8 of Order 38 CPC clearly shows th...

Whether order of attachment before judgment would be operative even after the decree is passed?

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An order to furnish security to produce any property belonging to a defendant and to place the same at the disposal of the Court or order t...
Tuesday, 5 November 2013

Why court should pass order for attachment of property before judgment?

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The object behind the order levying an attachment before judgment is to give an assurance to the plaintiff that his decree, if made...
Friday, 24 August 2012

Object of issuance of precept as per s.46 of cpc for execution of decree

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The object of a precept is to enable a decree-holder to obtain interim attachment where there is ground to apprehend that he may otherwise...