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Order 38 Rule 5 CPC

(Querist) 04 August 2011 This query is : Resolved 
The suit is filed by the Plaintiff for recovery of money based on Promissory note, and he has also sought attachment of the property. But the defendant who had sold the property prior to the institution of the suit itself. Under such circumstances, whether the court can pass order of attachment?
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ajay sethi (Expert) 04 August 2011
no the court will not pass order of attachment since property has been sold prior to institution of suit
prabhakar singh (Expert) 04 August 2011
NO,there can not be an order of attachment when defendant has no property to be attached.

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