(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 him,-
(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, 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) The Court may also in the order direct the conditional attachment of the whole or any portion of the property so specified.
(4) If an order of attachment is made without complying with the provisions of sub-rule (1) of this rule, such attachment shall be void.
Order XXXVIII Rule 1 CPC Where defendant may be called upon to furnish security
for appearance
Order
XXXVIII Rule 2 CPC Security
Order XXXVIII Rule 3 CPC Procedure on application by surety to be discharged
Order XXXVIII Rule 4 CPC Procedure where defendant fails to furnish security or find fresh security
Order XXXVIII Rule 6 CPC Attachment where cause not shown or security not furnished
Order XXXVIII Rule 7 CPC Mode of making attachment
Order XXXVIII Rule 8 CPC Adjudication of claim to property attached before judgment
Order XXXVIII Rule 9 CPC Removal of attachment when security furnished or suit dismissed
Order XXXVIII Rule 11A CPC Provisions applicable to attachment
Order XXXVIII Rule 12 CPC Agricultural produce not attachable before judgment
Order XXXVIII Rule 13 CPC Small Cause Court not to attach immovable property