Court has power to direct defendant to disclose his property for attachment before judgment
Insofar as the objection of the learned Counsel regarding the orders sought by the plaintiff for direction to the defendants to disclose their assets is concerned, it is clear from the provisions of Sub-rule 2 of Rule 5 that the Court under that Rule is required to make, on being satisfied, an order against the defendants for furnishing securities, and in case the defendant fails to furnish the security within the period specified by the Court, then the Court can direct the defendant to place at the disposal of the suit the property that may be necessary or adequate for securing the claim of the plaintiff. Perusal of the provisions of Sub-rule (2) of Rule 5 of Order 38 also indicates that there is power vested in the Court to permit the plaintiffs to make an application for attachment before judgment without specifying the property in relation to which attachment is sought by the plaintiffs. Thus, provisions of Sub-rule (2) of Rule 5 of Order 38 envisage the case where the plaintiff does not know as to in relation to which property of the defendant, attachment is to be sought. In such a case, therefore, it is the Court, which will have to direct the defendant to disclose his property so that the Court can order its attachment. In my opinion, therefore, there is sufficient power in the Court to direct the defendants to disclose the assets.1
Civil Procedure Code, 1908 - Order 38, Rule 5(2) - Attachment before judgment - Application for attachment before judgment - Property sought to be attached not specified in the application - Court has power to direct defendant to disclose his property for attachment.1
Citation; 2001(3)ALLMR699, 2002(104)BOMLR273, 2001(4)MhLj3531
Bombay High Court
Marine Container Services (I) ... vs Rajesh Dhirajlal Vora on 21 March, 2001
Equivalent citations: (2002) 104 BOMLR 273
Bench: D Deshmukh
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