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Rajeev (Company Secretary)     21 September 2014

App. under order 38 rule 5

Could somebody help me by providing sample application to be filed under Order 38 Rule 5 of CPC???

 

Thanks & Regards,

 

Rajeev



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 4 Replies

Anand Bali Adv. (Advocate Solicitor & Consultant)     21 September 2014

The Ord 38 Rule 5 of CPC is related with the situation where the defendant is called upon by the court to furnish security for the production of property. which is having total 4 of it's sub sections with other clauses so in the question it is not clear that what exactly do you need and otherwise it is an academic question so I do not think fit to answer or provide you a lay out of the application which in fact differs from situation to situation and case to case.

The persons who copy a stereo type frame work I believe they always do some mistake in drafting always a fresh drafting speaks good for the applicant.

Rajeev (Company Secretary)     21 September 2014

Dear Mr. Anand Bali, 

Thanks very much for your reply. 

I need to submit an application under Order 38 Rule 5 requesting Court to attach property of the defendant before judgement to ensure that the defendant do not sell the property to avoid his liability. 

Hence, request you again to give any draft application, so that, I could modify the same according to facts of my case.

Thanks in anticipation. 

Regards, 

Rajeev

Rahul Kapoor (Legal Enthusiast)     23 September 2014

hello ,

forgive my knowledge but has decree been passed in your case ?

 

T. Kalaiselvan, Advocate (Advocate)     29 September 2014

The IA for ABJ to be drafted based on the situation and ground realities.  No format will suit you, better draft it on the basis of the facts of the case.


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