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Validity of the Attachment

Querist : Anonymous (Querist) 25 December 2010 This query is : Resolved 
Warm Regards on Platform

As understood that the court on record hears that subject of both the parties before the property is attached .

On the other hand do the bank or society or any goverment organisation running insitute have the rights to get the abj before the hearing takes place in the court , just understood that they ( bank or society ) have filled and the attachment is passed as abj in the court and the property is attachment is done over
no dicussion , no standing in the court ,
papper passed , what and how does it get ordered pls slove the doubt

Guide us
adv. rajeev ( rajoo ) (Expert) 25 December 2010
Attachment before judgement order can be passed ex-parte.
Y V Vishweshwar Rao (Expert) 25 December 2010
Attachment before judgment will be passed on affidavit of the & Petitioner & Petition - if the Court is satisfied that the Defendant with intent to obstruct or delay the execution of the decree that may be passed or is about to dispose of whole or any part of the property or about to remove the property from local limits of the Court jurisdiction the Court may direct the defendant to furnish Security - if the Security is not furnished the C the Court may pass conditional attachment orders before judgment-( or 38 Rule 5 C P C
Kirti Kar Tripathi (Expert) 25 December 2010
well advised by Mr. Y.V.V. Rao. the property can be attached before judgment, if the court is satisfied with conditions as prescribed in Order XXXVII Rule 5 of CPC.


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