Law:

Section:

Civil Procedure Code (V of 19(18)--- ----OXXXVIII, R.5---Attachment before ---Application for--­Attachment before could not be lightly ordered---Court had to satisfy itself before making such order that defendant was about to (cave country or dispose of his property with a view to frustrate or delay execution of decree that might be passed against him---Such satisfaction, however, could be deduced from affidavits and from surrounding circumstances of case as well--­Court on being satisfied that defendants were intending to leave country with intent to frustrate or delay execution .of any decree that might be passed against them, directed them to furnish security of specified amount within a period of one month, failing which attachment before would be issued against defendant establishment in respect of its assets and office premises and passport of other defendants would be impounded. PLD 1976 Kar. 926; PLD 1977 Kar. 771,; PLD 1979 Kar. 723; PLD 1982 Kar. 701; 1982 CLC 1300 and 1985 CLC 38 ref. ORDER This is an application under Order 38, Rule 5, C.P.C. wherein it is prayed that the assets including the office premises of the defendant No.l M/s. Skyline (Pvt.) Travels Limited be attached and the passports of the defendants Nos.2 to 7 be impounded as it is apprehended that they would leave Pakistan in order to delay or defeat the recovery of plaintiff's claim. Mr. Sadruddin Hudda relying upon PLD 1976 Kar. 926, PLD 1977 Kar. 771, PLD 1979 Kar. 723, PLD 1982 Kar. 701, 1982 CLC 1360 and 1985 CLC 38, submitted that by now it is settled law that attachment before judgment is to be granted in cases only when the Court is satisfied that the defendants are intending to leave the country with a view to delay or defeat the recovery of the plaintiffs amount. It was also a settled law that vague allegation about such intention was not sufficient and specific evidence of the same should be led before the Court. This is a suit tiled by the Travel Agents Association of Pakistan for recovery of Rs.9,42,848.77 against defendants Nos.1 to 7. The case of the plaintiff is that it is an association of the registered travel agents of Pakistan and is responsible to IATA. An approval…

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