attachment before judgment
vaishali
(Querist) 30 November 2008
This query is : Resolved
hello,sir
i want to ask that, when can a court pass an order of attachment before judgment?
i gone through order38, rule5 but consept is not clera yet.is it a discretionary or mendetory?
thanks!
Srinivas.B.S.S.T
(Expert) 01 December 2008
the court upon perusing the affidavit of the Plaintiff/petitioner as well as the affidavits of 3rd parties that there is every possibility that the Defendant disposing his properties with an intention to escaper/evade his legal debts, the court may i repeat may order issuance of show cause notice to the defendant to furnish guarantee/security for the suit claim within 48 hours failing which the petition schedule property will be attached. Its purely discretionary power of the court. Regards Srinivas BSST
G. ARAVINTHAN
(Expert) 01 December 2008
Attachment before judgment is a provision and can be orders before conducting the trial of the case. It is purely discretionary
G. ARAVINTHAN
(Expert) 01 December 2008
5. Where defendant may be called upon to furnish security for production of property
(1) Where, at any stage of a suit, the Court is satisfied, by affidavit or otherwise, that the defendant, with intent to obstruct or delay the execution of any decree that may be passed against him,—
(a) is about to dispose of the whole or any part of his property, or
(b) is about to remove the whole or any part of his property from the local limits of the jurisdiction of the Court, the Court may direct the defendant, within a time to be fixed by it, either to furnish security, in such sum as may be specified in the order, to produce and place at the disposal of the Court, when required, the said property or the value of the same, or such portion thereof as may be sufficient to satisfy the decree, or to appear and show cause why he should not furnish security.
(2) The plaintiff shall, unless the court otherwise directs, specify the property required to be attached and the estimated value thereof.
(3) The Court may also in the order direct the conditional attachment of the whole or any portion of the property so specified.
vaishali
(Querist) 03 January 2009
thank you for ur reply sir
