Interim attachmnet
Singh
(Querist) 14 December 2013
This query is : Resolved
Hi,
My client has filed recovery suit amounting 80000 only and is pending. However during pendency of the suit defendant got expired and we have made his legal heirs as party. His legal heirs said to my client that he will not be able to recover his money as they are going to sell all their movable and immovable property and will shift to some other state without informing any one. Could you please tell us is there any provision under CPC which restrained the LR;S of defendants to shift from delhi or any security is provided in the court to protect the plaintiff;s interest. Please tell the relevant section and judgement which help us in this case.
Devajyoti Barman
(Expert) 15 December 2013
File petition for attachment of property before judgement.
Dr J C Vashista
(Expert) 15 December 2013
Mr. Singh,
1. Do you have any evidence to the utterances made by LRs of defendant?
2. At what stage is your suit i.e., pleadings complete or not, if complete admission/denial of documents completed? issues framed or not? Has there been PE & DE?
3. What is the document you are relying upon to recover the money?
Incomplete informations would not get you proper reply/advise.
R.K Nanda
(Expert) 15 December 2013
state full facts.
Singh
(Querist) 15 December 2013
Hi,
Thanks for the response.
I am satating the full facts as below:
1) Suit is at DE stage
2) I am relying on the cheque issued by deceased Defendant
3)I donot have any proof of utterance made by LR'S.
Now please suggest and also mentioned the relevance section under CPC.
Thanks!
T. Kalaiselvan, Advocate
(Expert) 15 December 2013
An IA praying for attachment of properties for the purpose of security before judgment would be a better option for the present. Have the LRs been brought on record by duly amending the plaint?
Singh
(Querist) 15 December 2013
Hi.
Yes we have filed amended memo of parties .
Plesae tell me application to be filed under which order or rule of cpc
Devajyoti Barman
(Expert) 15 December 2013
for relevant order and rule ask your advocate.
T. Kalaiselvan, Advocate
(Expert) 15 December 2013
Your lawyer will take care of this however it is under the provisions of CPC 151 AND ORDER 38 RULE 5, an application can be filed for necessary relief.
Biswanath Roy
(Expert) 15 December 2013
Have you lost your confidence upon your own lawyer who is conducting your case? You cannot misuse the services of this forum for getting knowledge of law. This is not a coaching center of law.
Singh
(Querist) 16 December 2013
Hi,
You have not read the query. I am an advocate who is handling the CASE. It is my first case so need some guidance.
Thanks
Biswanath Roy
(Expert) 16 December 2013
My Dear Learned friend,
.As a 57 years old practitioner of some repute I advice you don't be slyly neglectful in studying law books and don't chase after easy money right from the beginning of your career, work hard, at least 4 hours in a day.
I am 84 years old man so I believe that I can dare to advice you. Yes,follow Order XXXVIII,Rule-5(b), CPC.
T. Kalaiselvan, Advocate
(Expert) 16 December 2013
Yes youngsters need to put more efforts, work hard, do more home works, stand confident in the court while practising, all the best.
SACHIN AGARWAL
(Expert) 16 December 2013
You can move application for attachment before judgment under Order 38 Rule 5 CPC
