Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----S. 151 & O. XXXVIII, R.5---Suit for recovery of money---Application for attachment of immovable property before in case of defendant's failure to furnish surety for amount equal to suit amount---Plea that plaintiffs apprehended that defendant was removing their goods lying in premises and was secretly negotiating to dispose of his immovable property and creating third party interest in order to defeat decree to be passed in suit---Validity---Court on such application had passed interim order on 25-7-2006 to restrain defendant from creating third party interest on property mentioned therein---Defendant on couple of occasions had denied to be owner of property mentioned in such application or to have any concern thereto---Since date of filing of suit and such application, five years had passed, but defendant was still doing his business, whereas its winding up or discontinuance was not alleged by plaintiff---Defendant was vigorously following suit for damages filed against plaintiff---Plaintiff was only apprehending and had levelled a bald allegation that defendant was secretly trying to sell property, which had been denied to be owned by defendant---Such application was dismissed in circumstances. Encyclopaedia Britannica Inc. v. Pak American Council (Pvt.) Limited 1997 CLC 2003; Muhammad Hanif v. Eckhard and Co. Marine GMBH and 2 others PLD 1983 Kar. 609; Mohiubddin Molla v. The Province of East Pakistan and others PLD 1962 SC 119 ref. (b) Civil Procedure Code (V of 1908)--- ----O. XXXVIII, R.5---Attachment before ---Duty of Court stated. The provisions of Order XXXVIII, C.P.C. are penal in nature, therefore while exercising powers thereunder, the courts are always required to see that the order so passed therein does not affect the party against whom such severe order is sought. The courts still have to be more vigil and alive of the situation when attachment order is prayed for merely because of some distant apprehension without any substance in shape of an evidence brought forth. An order under Rule 5 of Order XXXVIII is preventive in nature; not punitive. The courts have to be cautious in passing order for…

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