Law: Civil Procedure Code (V of 1908)

Section: 2,1,5

(a) Civil Procedure Code (V of 1908)--- ----O. VII, R. 2 & O. XXXVIII, Rr. 1 & 5---Suit for recovery of money and damages---Application for attachment before ---Principle---Plaintiff sought property owned by defendant attached before ---Validity---Relief under O. XXXVIII, C.P.C. for attachment was a very harsh order to be made against defendant---Court, in granting such relief, was to be satisfied that plaintiff's cause, if of a prima facie nature was based on an unimpeachable averment / claim in plaint---Court must have reasons to believe on the basis of material before it that unless jurisdiction was exercised and orders as solicited were not passed, there was a real damage that defendant may remove itself from the territorial jurisdiction of the Court and an intent to avoid passing of a decree must be clearly shown with reasonable clarity---High Court declined to attach property of defendant before ---Application was dismissed in circumstances. Messrs Tuwairqi Steel Mills Ltd. through Authorized Representative v. IIIrd Senior Civil Judge (South), Karachi and another 2017 CLC 1322; Dr. (Mrs.) Anwar Mangi v. Messrs Pak Commodities International and 2 others PLD 2018 Sindh 339; KASB Corporation Limited through Chief Executive Officer and another v. Bank Islami Pakistan Limited through President 2019 YLR 345; Al-Tamash Medical Society through Secretary v. Dr. Anwar Ye Bin Ju and 9 others 2019 CLC 1; Muhammad Saad and another v. Amna and 27 others 2015 YLR 1 and Shahzada Muhammad Umar Beg v. Sultan Mahmood Khan and another PLD 1970 SC 139 ref. (b) Civil Procedure Code (V of 1908)--- ----O. XXXVIII, R. 5---Application for attachment before ---Pre-conditions---Order under O.XXXVIII, R.5, C.P.C. was not to be passed by Court until pre-conditions as mentioned therein are fulfilled---Court was to be satisfied that defendant with intent to obstruct or delay execution of a decree which may be passed by Court, is selling or disposing of the property---Mere allegations to that effect in a generic manner are not sufficient. Emperor v. Ghanshamdas Lokumal AIR 1946 Sindh 166; Girdharilal Kanji and others v. Kunvarji Keshavlal & Co AIR 1952 Saurashtra 125; Encyclopedia…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492