suit For Recovery

rajan chopra (Querist) 10 October 2015 This query is : Resolved
Sir as I am going to file a summary suit for recovery of money on the basis of bounced cheques.I have come to know that the proposed defendant is going to sell his property as soon as possible.Now with the filing of summary suit what is the option with me to prevent the proposed defendant from creating any third party interest on his property till final disposal of my suit ? As if the property is disposed of then there will be no use of filing case.

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Anirudh (Expert) 10 October 2015
You can ask only for the recovery of the money under Order 37 CPC - Summary Suit.

You cannot ask for any injunction in respect of the property.

Rajendra K Goyal (Expert) 10 October 2015
Agree with the expert Anirudh.

rajan chopra (Querist) 11 October 2015
Sir then in case of simple suit for recovery can I ask for injunction in respect of the property and how ?

K.S.Srinivas (Expert) 13 October 2015
A temporary injunction may be granted, if in any suit it is proved by affidavit that any property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the suit.

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