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Which rule of Order XXXVIII of the Code of Civil Procedure, 1908, allows conditional attachment before…

Order XXXVIII rule 5(3) permits conditional attachment as part of the rule 5 security order. Rule 5(1) requires the court to be satisfied that the defendant is about to…

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Which rule of Order XXXVIII of the Code of Civil Procedure, 1908, allows conditional attachment before judgment in the same order that directs the defendant to furnish security for production of property or show cause?

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Answer and explanation

Correct answer C

Order XXXVIII rule 5(3) permits conditional attachment as part of the rule 5 security order.

Rule 5(1) requires the court to be satisfied that the defendant is about to dispose of or remove property with intent to obstruct or delay execution.

Rule 6 deals with attachment after failure to show cause or furnish security within the time fixed.

Option feedback

Option A

Rule 1 concerns security for appearance and a possible arrest warrant.

Option B

Rule 3 concerns discharge of a surety for the defendant's appearance.

Option C

Rule 5(3) permits conditional attachment in the security order when rule 5(1) is complied with.

Option D

Rule 7 concerns the manner of making attachment.

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