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Subject to the conditions of Order XXXVIII rule 5 of the Code of Civil Procedure, 1908, which types of…

Order XXXVIII rule 5 reaches both movable and immovable property. The court must be satisfied that the defendant is about to dispose of property or remove it from the local…

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Subject to the conditions of Order XXXVIII rule 5 of the Code of Civil Procedure, 1908, which types of a defendant’s property may be conditionally attached before judgment?

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Answer and explanation

Correct answer C

Order XXXVIII rule 5 reaches both movable and immovable property.

The court must be satisfied that the defendant is about to dispose of property or remove it from the local limits with intent to obstruct or delay execution of a possible decree.

The rule requires an order to furnish security or show cause and permits conditional attachment.

Option feedback

Option A

The rule applies to a defendant’s property without limiting attachment to movables.

Option B

The rule applies to a defendant’s property without limiting attachment to immovables.

Option C

Either kind may fall within the rule when the court is satisfied of the statutory conditions.

Option D

The rule does not impose a preference for immovable property or an insufficiency condition before attaching movable property.

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