No. 5 of CPC : No. 5: ATTACHMENT BEFORE JUDGMENT, WITH ORDER TO CALL FOR SECURITY FOR FULFILMENT OF DECREE
CPC
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Explanation using Example
Example 1:
Scenario: Rajesh, a businessman, files a lawsuit against Suresh for non-payment of a loan amounting to ₹5,00,000. Rajesh is concerned that Suresh might dispose of his assets to avoid paying the debt if the court rules in Rajesh's favor.
Application of the Act: Rajesh's lawyer requests the court to issue an order under Section 5 of the Code of Civil Procedure, 1908, to attach Suresh's property before the judgment is passed. The court, satisfied with Rajesh's concerns, issues an order to the bailiff to call upon Suresh to either:
- Furnish security for ₹5,00,000, or
- Produce and place at the court's disposal assets worth ₹5,00,000, or
- Appear and show cause why he should not furnish such security.
The bailiff is also ...
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