receiver appointment

Querist : Anonymous (Querist) 06 August 2010 This query is : Resolved
sir,
pp
what is order 38 rule 5 and when is it applied.

thanks

vinay kala
6,10
aug

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s.subramanian (Expert) 06 August 2010
it is a provision providing for attachment before judgment .it is applied when the suitor seeks to attach the properties of the defendant before judgement i.e at the time of filing of the usit itself.

Chanchal Nag Chowdhury (Expert) 06 August 2010
To add to what Mr.Subramanian has stated,this provision is applicable when the deft. is likely to flee or dispose off a property to frustrate any future decree which is likely to be passed against him.

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