“Application under O.XXXVIII, R.5, CPC could
only be granted when sufficient material was on
record that defendants were planning to leave the
country with a view to defeat the recovery of
plaintiff’s claim. No such circumstance existed in
the present case. Vague allegation about intentions
that defendant would leave the country were not
sufficient. Definite evidence was required to be led
before the Court in support of such contentions.
Court was required to satisfy itself that defendant
was about to dispose of his assets, only then such
order could be made. Merely by establishing a
prima facie case attachment before judgment could
not be granted unless necessary ingredients of
Order XXXVIII, R.5, C.P.C had been established.
Attachment before judgment was not to be lightly
ordered and Court had to satisfy itself before making such order whether defendant was about to
leave the country of dispose of his property with a view to frustrate or delay execution of decree that could be passed against him.”
2005 CLC 1270
Used In Judgment of:
2017 LHC 1486
Writ Petition-Family-Maintenance
6955-17
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