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Report No. 178

"No. 5

Attachment before Judgment after Prior Notice Calling for Security for Fulfillment of Decree

(Order XXXVIII Rule 5)

To

The Bailiff of the Court,

Whereas .....has proved to the satisfaction of the Court that the defendant in the above suit...............; These are to command you to call upon the said defendant ...... on or before the....day of.....200 , either to furnish security for the sum of Rs........ or to produce and place at the disposal of this court when required........or the value thereof, or such portion of the value as may be sufficient to satisfy the decree that may be passed against him; or to appear and show cause why he should not furnish security; and you are further commanded to return this warrant on or before the .........day of .......200...with an endorsement certifying the date on which and the manner in which it has been executed, or the reason why it has not been executed;

Given under my hand and seal of the Court this......day of ........200....

................ Judge"

No. 5A

Interim Attachment before Judgment with Notice to Furnish Security or to Produce Property

(Order XXXVIII, r. 6)

"To

The Defendant

Whereas has proved to the satisfaction of the Court that the defendant in the above suit ..........

You are hereby commanded, by way of interim attachment, until further orders of the Court, to produce and handover the following movable property referred to in the Schedule hereto annexed to the Bailiff to enable him to keep the property under safe and secure custody

[and/or

You are hereby prohibited and restrained, by way of interim attachment until further orders of the Court, from transferring or charging the immoveable property referred to in the Schedule hereto annexed, by sale, gift or otherwise and that all persons be, and that they are prohibited and restrained from receiving the same by purchase, gift or otherwise,]

And you may show cause on or before day of 200. why this interim order of attachment should be withdrawn altogether or upon furnishing security with a sum of Rs....

Given under my hand and seal of the Court, this .... Day of 200..

Judge"



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