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In a civil suit to which Order XXXVIII rule 1 of the Code of Civil Procedure, 1908 applies, which…

Order XXXVIII rule 1(a) permits the warrant when the court is satisfied of an act such as imminent absconding with intent to avoid court process. The warrant brings the…

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In a civil suit to which Order XXXVIII rule 1 of the Code of Civil Procedure, 1908 applies, which circumstance can support a warrant to bring the defendant before the court to address security for appearance?

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Answer and explanation

Correct answer D

Order XXXVIII rule 1(a) permits the warrant when the court is satisfied of an act such as imminent absconding with intent to avoid court process. The warrant brings the defendant before the court to show cause why security for appearance should not be furnished.

Option feedback

Option A

Payment of the specified amount prevents arrest by the executing officer under the proviso.

Option B

A bad-faith suit is outside the statutory grounds.

Option C

Routine travel with no statutory purpose or risk is insufficient.

Option D

Imminent absconding with intent to avoid court process is a ground under rule 1(a).

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