Maintenance - property attachment

Querist : Anonymous (Querist) 14 December 2011 This query is : Resolved
Dear respected Experts,

Can respondent pray court to allow cross-examination of plaintiff in IA?

fact of the case:
Plaintiff filed false affidavit along with IA under Order 38 Rule 5 and asked court to attach property of respondent. In IA process, can respondent pray court to allow cross-examine plaintiff so that respondent will get an opportunity to prove wrong allegation of plaintiff. Otherwise the property would be attached before the case really starts.

Would court allow for that? If so under what section respondent can file petition?

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Devajyoti Barman (Expert) 15 December 2011
Attachment of property before passing of judgement is granted only in extreme cases and that too in cases where there is palpable prima facie evidence to show that the defendant may dispose of the suit property or may do something to frustrate the claim of the plaintiff.
So judge whether in your case there was such urgency or not.
Else file Revision.

Nadeem Qureshi (Expert) 15 December 2011
Dear Author
First of all inform us about the Case, it is a case for maintinance or other.

Guest (Expert) 15 December 2011
I endorse the views of Shri Devajyoti.

Querist : Anonymous (Querist) 15 December 2011
Thank you very much experts.

kusum gupta (Expert) 16 December 2011
if you are sure that false affidavit has been filed then you can initiate contempt proceedings against the person filed the false affidavit. your property can not be attached just like that as already stated above

kusum gupta advocate
08826805283

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