suit for recovery

Querist : Anonymous (Querist) 09 May 2010 This query is : Resolved
Plaintiff has filed a suit for recovery of Rs. 10 lacs from the defendant for taking monvey for issuance of foreign exchange to the bank.

The said matter was last two years recently filed an application U/s 38 Rule 1 &2 and Order 39 Rule 5 for attachment of another property is it possible or not.

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Devajyoti Barman (Expert) 09 May 2010
If there is a genuine chance of , abscondance, leaving India o delaying the case the court may ask for security from the defendant to ensure his appearance.

Raj Kumar Makkad (Expert) 09 May 2010
Yes subject to fulfilment of conditions attached thereto.

Parveen Kr. Aggarwal (Expert) 10 May 2010
It should be Order 39, Rules 1 and 2 and Order 38, Rule 5.

Order for temporary injunction regarding disposing of any property cannot be passed in a simple suit for recovery. However, in a suit under Order 34 of CPC such an order can be passed.

Order Under Order 38, Rule 5 of CPC can be passed if the court is satisfied that the Defendant is either about to dispose of the whole or any part of his property, or about to remove the whole or any part of his property from the local limits of the j urisdiction of the Court.