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

Under Order XXXVIII, rule 1(a), the court may issue a warrant when it is satisfied that the defendant is about to abscond with intent to avoid its process. Clause (b)…

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In a civil suit to which Order XXXVIII, rule 1 of the Code of Civil Procedure, 1908 applies, which finding can justify a warrant to bring the defendant before the court to show cause why they should not furnish security for appearance?

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Answer and explanation

Correct answer C

Under Order XXXVIII, rule 1(a), the court may issue a warrant when it is satisfied that the defendant is about to abscond with intent to avoid its process.

Clause (b) separately addresses imminent departure from India in circumstances that make obstruction or delay of execution reasonably probable.

Option feedback

Option A

Leaving the local jurisdiction without the statutory intent does not meet clause (a).

Option B

Removing property without the statutory intent does not satisfy clause (a).

Option C

Imminent absconding to avoid court process meets clause (a)(ii).

Option D

Clause (b) requires circumstances showing a reasonable probability of delay or obstruction of execution.

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