Which provision of the Code of Civil Procedure, 1908 permits the court to direct conditional attachment…
Order XXXVIII rule 5 permits the court to require security or an appearance to show cause if it is satisfied that the defendant is about to dispose of or remove property…
Choose your answer
Which provision of the Code of Civil Procedure, 1908 permits the court to direct conditional attachment of property before judgment?
Answer and explanation
Correct answer C
Order XXXVIII rule 5 permits the court to require security or an appearance to show cause if it is satisfied that the defendant is about to dispose of or remove property with intent to obstruct or delay execution of a possible decree. Rule 5(3) permits conditional attachment. Rule 6 addresses attachment if the defendant fails to show cause or furnish security.
Option feedback
Option A
Order XXVI rule 4 concerns persons whose examination may be commissioned.
Option B
Order XXXIX rule 2 concerns injunctions to restrain repetition or continuance of a breach.
Option C
Order XXXVIII rule 5(3) permits conditional attachment before judgment.
Option D
Order XL rule 1 concerns appointment of receivers.
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