Application u/o 38 rule 5 C.P.C
rajan chopra
(Querist) 23 October 2016
This query is : Resolved
Sir I have filed a summary suit u/o 37 C.P.C on the basis of bounced cheque which was issued by defendant in favour of me in discharge of his liability.Now I want to file an application u/o 38 rule 5 C.P.C for attachment of property of defendant before judgement.Is parcha jamabandi of immovable property of defendant is to be complousary attached with the application or not as till date I am unable to have any such parcha ?
adv.bharat @ PUNE
(Expert) 23 October 2016
Without such purcha u can't proceed further.
Devajyoti Barman
(Expert) 23 October 2016
No , such porcha need not be filed along with the petition u/o 38 r 5 of cpc.
You need to however give proper description of proeprty to be attached.
Rajendra K Goyal
(Expert) 23 October 2016
Agree with the expert Devajyoti Barman.