attachment before judgement
S.MANIMARAN
(Querist) 13 November 2010
This query is : Resolved
sir a suit for recovery of money is filed by A against B in the suit A filed a application to attach the mechanic tools rest in the shed of the B, due to the non appearance the application is allowed they came for the attachment, but the tools is not belonging to him, originally he hire them for his work purpose, therefore the original owner of the tools who hire to the B filed a objection application in the court stating the real facts to arise the attachment, my question is whether the third party without impleading in the suit or application can he make such application for objection, refer me any citation for the same infavour of third party
,( the fact is not in execution proceeding only in the suit)
thanking you
DEFENSE ADVOCATE.-firmaction@g
(Expert) 13 November 2010
Law is nothing but pure normal common sense.
So how you can attach property belonging to third party whether he is party or not in the suit.
s.subramanian
(Expert) 13 November 2010
In a proceeding under Order 38 Rule5, a claimant can file an application seeking the raising of the ABJ order.He need not be a party to the suit. The procedure applicable for raising attachment in the EP proceedings are applicable here also.
A.G.Srinivasan
(Expert) 13 November 2010
anybody can seek for attachment before judgment of a property in the hands of the defendant and on the other hand a third party, who is a real owner when the fact of attachment is brought to his knowledge can seek for raising of attachment under Or 38 Ru 5 CPC if he proves that the property belongs to him
Kumar Krishan Agarwal Advocate
(Expert) 14 November 2010
1. If you hired the tools then it doesn't matter who they belong you are the responsible for both the parties because you are getting benefit from it while you have under obligation to pay your debts.
2. No person in the world can give their personal tools or any accessories to the other person without any agreement and its rent charges. If unfortunately you gave then file a recovery suit against B who are liable for keeping it secure.
