Rule 5 of CPC : Rule 5: Where defendant may be called upon to furnish security for production of property.

Explanation using Example

Example 1:

Scenario: Ramesh has filed a lawsuit against Suresh for non-payment of a loan amounting to ₹10 lakhs. During the course of the trial, Ramesh learns that Suresh is planning to sell his house and move to another city to avoid paying the loan if the court rules against him.

Application of Rule 5:

1. Ramesh's Action: Ramesh submits an affidavit to the court, stating that Suresh is about to sell his house to obstruct the execution of any potential decree.
2. Court's Decision: The court, satisfied with the affidavit, directs Suresh to either:
   • Furnish security equivalent to the value of the house within a specified time, or
   • Appear in court to explain why he should not be required to furnish such security.
3. Conditional Attachment: The court also orders the conditional attachment of Suresh's house to ensure it remains available to satisfy the decree if Ramesh wins the case.

Example 2:

Scenario: Priya has sued her business partner, Anil, for misappropriation of funds amounting to ₹5 lakhs. Priya discovers that Ani...

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