#order38cpc #sec95cpc #codeofcivilprocedure1908
The power under order 38 rule 5 CPC is drastic and extraordinary power. Such power should not be excercised mechanically or merely for the asking. It should be used sparingly and strictly in accordance with the Rule. The purpose of Order 38 Rule 5 is not to convert an unsecured debt into a secured debt.
Where defendant may be called upon to furnish security for production of property? Attachment where cause not shown or security not furnished? What is the Mode of making attachment? What is Adjudication of claim to property attached before judgment? How is Removal of attachment when security furnished or suit dismissed? What is Attachment before judgment not to affect rights of strangers, nor bar decree -holder from applying for sale? What is the meaning Property attached before judgment not to be re-attached in execution of decree? What are the Provisions applicable to attachment? Is Agriculture produce not attachable before judgment? Is Small Cause Court not to attach immovable property? Rule 5, 6, 7, 8, 9, 10, 11, 12 and 13 of Order XXXVIII of Code of Civil Procedure 1908
30 ноя 2019
