ABJ ORDER 38 RULE 5 OF CPC

Or 38 R5 Attachment before judgment

(1)At any stage the Court is satisfied by affidavit that the defendant with intent to obstruct or delay the execution of decree that may be passed – is about to dispose of his property; or is about to remove any part of his property from the local limits of the Court, - the Court may direct the defendant either to furnish security or to appear and show cause why he should not furnish security.

(2)The plaintiff shall specify the property required to be attached.

(3)The Court may also direct the conditional attachment;

(4)If an order is made without complying (1), such attachment is void.

Mere allegation that the defendant is selling off his properties is not sufficient. It must be stated as to the source of information should also be disclosed and the grounds of such belief should be stated.

Govindarao Mahadik v Devi Sahai

Padam Sen v State of UP

Manohar Singh v Hind Kumar Kohli

Premraj v Md Maneck Gazi

Nataraja v Bangaru

G.Kuppathi Mudaliar v Murugesan

Pappammal v Chidambaram

T.Srinivasan v V.Srinivasan

The sine qua non for an order of ABJ namely, the malafide intention and the conduct of the defendant in disposing of his property with the dishonest intention of defeating or delaying the decree is conspicuously absent. No ABJ should be ordered.

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