Law:

Section:

(a) Civil Procedure Code (V of 1908) O. XXXIII, r. 5 Attachment Defendant a foreign Company exporting its machinery and equipments out of Pakistan in ordinary course of business on completion of work Intention on part of defen¬dant to obstruct or to delay execution of any decree that may be passed against him, not proved Provision of O. XXXVIII, r. 5, held, not applicable. [Attachment]. (b) Civil Procedure Code (V of 1908) O. XXXVIII, r. 5(a) & (b) Attachment before Mere fact of defendant being likely to leave Pakistan and plaintiff being not able to execute decree, if passed in his favour, held, not sufficient to invoke provisions of O. XXXVIII, r. 5 Contention, if accepted, held further, would cause hardship to foreign comianies/organisations operating in Pakistan. [Attachment]. Mohiuddin Molla v. The Province of East Pakistan P L D 1962 S C 119 ref. New Bengal Shipping Co. v. Eric Lancaster Shipping Co. P L D 1952 Dacca 22; Muhammad Yousuf v. Agha Amir Muhammad P L D 1976 Kar. 926; Messrs H. Nizamuddin & Sons v. m. v. "Oroomee" and 4 others P L D 1977 Kar. 722 and Premraj Mundra v. Md. Maneck Ghazi and others A I R 1975 Cal. 156 ref. (c) Civil Procedure Code (V of 1908) O. XXXIX, rr. 1, 2 & O. XXXVIII, r. 5 Temporary injunction--¬Attachment before Principles of granting temporary injunction, held, different from principles enunciated in O. XXXVIII, r. 5. [Injunction Attachment]. Mian Muhammad Latif v. The Province of West Pakistan P L D 1970 S C 180 ref. (d) Civil Procedure Code (V of 1908) O. XXXVIII, rr. I & 5 Prayer made under r. 5 Relief under r. 1 cannot be given Defendant not leaving Pakistan with inten¬tion to delay or avoid any process of Court or to obstruct or delay execution of any decree that may be passed against him Provisions of r. 1, held, not attracted. ORDER (C. M. A. No. 2466 of 1978) This is an application under Order XXXVIII, rule 5, C. P. C., whereby the plaintiff' has prayed that the movable articles mentioned in the Schedule be attached before judgment. In support of the above application the plaintiff in paras. 3 and 4 of the affidavit has asserted that the 'defendant is a foreign business organization and is reported…

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