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 Anil is planning to transfer his bank account funds to an overseas account to avoid any court judgment.

Application of Rule 5:

1. Priya's Action: Priya files a petition with the court, supported by an affidavit, indicating that Anil is about to transfer his funds out of the country.
2. Court's Decision: The court, convinced by the evidence, orders Anil to:
   • Provide security in the amount of ₹5 lakhs within a specified period, or
   • Appear in court to show cause why he should not be required to provide such security.
3. Conditional Attachment: The court also issues an order for the conditional attachment of Anil's bank account to prevent the transfer of funds until the case is resolved.

Example 3:

Scenario: Meena has filed a civil suit against her tenant, Raj, for unpaid rent amounting to ₹1 lakh. Meena learns that Raj is planning to move out of the city and take all his belongings with him to avoid paying the rent if the court rules in Meena's favor.

Application of Rule 5:

1. Meena's Action: Meena submits an affidavit to the court, stating that Raj is about to remove his belongings from the jurisdiction of the court.
2. Court's Decision: The court, satisfied with the affidavit, directs Raj to either:
   • Furnish security equivalent to the value of the belongings 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 Raj's belongings to ensure they remain available to satisfy the decree if Meena wins the case.