Law:

Section:

Civil Procedure Code (V of 1908)---------O.XXXVIII, R.5---Objects, purpose and import of---Attachment before ---While Court would have inherent power to pass order of attachment of property before , such order, however, could not -be passed, unless strong circumstances were shown to exist warranting such order---Order of attachment coupled with sealing, unlike injunction, was more akin to taking over property into custodia leges through appointment of Receiver---Exercise of such power in relation to running business, however, ought to be exercised sparingly and with circumspection---Object of power conferred by O.XXXVIII,R. 5, C.P.C. was to secure performance of decree likely to be passed and not to coerce its performance before ---Plaintiff did not show any material that defendant was disposing of its stock-in-trade and properties with a view to defeat decree that might be passed against him---Only material relied upon by plaintiff was report published in newspaper which stood contradicted by defendants--­Shifting of business premises, however, could not be deemed to be akin to disposal of stock-in-trade---Personal bond executed by Managing Director of defendant would continue to be valid and effective till further orders of Court--­Defendants were directed to supply copy of new address of business to Court as well as to plaintiff. Mohiuddin Molla v. The Province of East Pakistan and others PLD 1962 SC 119 and Muhammad Hanif v. Eckhard & Co. Marine GmbH and others PLD 1983 Kar. 609 ref. JUDGMENT By the first application Civil Miscellaneous Application No.4592 of 1997, the plaintiff seeks attachment before judgment of all the movable goods and properties described in the application as follows:-- "All books stock in trade furniture fittings business machines, Computers, Calculators, Typewriters, Cabinet book shelf etc. which are valued approximately Rs.4,500,000 only." A further prayer has been made, for appointment of Nazir to prepare Inventory of the goods and properties found at the defendant's registered office and for sealing the premises. On 17-7-1997 when the application came up before my learned brother Zafar Hadi Shah, J., order was passed for…

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