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Report No. 178

Attachment Before Judgment

"5. Where defendant may be called upon to furnish security for production of property.- (1) Where, at any stage of a suit, the Court is satisfied, by affidavit or otherwise, that the defendant, with intent to obstruct or delay the execution of any decree that may be passed against hi.-

(a) is about to dispose of the whole or any part of his property, or

(b) is about to remove the whole or any part of his property from the local limits of the jurisdiction of the court, the Court may direct the defendant, within a time to be fixed by it, either to furnish security, in such sum as may be specified in the order or to produce and place at the disposal of the court, when required, the said property or the value of the same, or such portion thereof as may be sufficient to satisfy the decree, or to appear and show cause why he should not furnish security.

(2) The plaintiff shall, unless the court otherwise directs, specify the property required to be attached and the estimated value thereof.

(3) Where the defendant fails to show cause or, as the case may be, fails to furnish the security required, within the time fixed by the Court, the Court may order that the property specified or such portion thereof as appears sufficient to satisfy any decree which may be passed in the suit, be attached.

(4) Where the defendant shows such cause or furnishes the required security and the properties specified or any portion of it have been attached, the Court shall order the attachment to be withdrawn, or make such other order as it thinks fit.

(5) If an order of attachment is made without complying with the provisions of sub rule (1) of this rule, such attachment shall be void.

6. Interim attachment before judgmen.- (1) Where the court is satisfied, at any stage of a suit, by affidavit or otherwise that the conditions referred to in sub-clauses (a) or (b) of sub-rule (1) of rule 5 are satisfied and that there is likelihood of the property or part thereof being immediately disposed of or removed fromthe local limits of the jurisdiction of the court in case the procedure under sub rule (1) of rule 5 is to be followed, the court may, for brief reasons to be recorded, pass an order of interim attachment without following the said procedure and shall simultaneously issue a notice to the defendant, to show cause why the order of interim attachment should be withdrawn altogether or upon furnishing security.

(2) Where the defendant shows cause or furnishes the required security within time fixed by the Court, the Court shall direct that the order of interim attachment shall stand withdrawn or make such other order as it may think fit.

(3) Where the defendant fails to show cause or fails to furnish the security within the time fixed by the court, the court may confirm the interim attachment of the property specified or such portion thereof as appears sufficient to satisfy any decree which may be passed in the suit.

(4) The order of interim attachment shall not be deemed to be void on the ground that no prior notice to show cause as contemplated by sub rule (1) of rule 5 has been issued before it was passed."

(D) in Appendix F, for Form No.5, the following Forms shall be substituted, namely:-



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