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pradeep patil (advocacy)     24 October 2010

attachment before judgement

when can an application be made for attachment before judgement, while filing an recovery of money suit.

and what is the procedure.



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 4 Replies

R.Ranganathan (Advocate)     24 October 2010

Alongwith the Plaint the Petition can be filed.

R.R. KRISHNAA (Legal Manager)     24 October 2010

Dear Pradeep

 

When the plaintiff finds that the defendant is trying to dispose of his assets to avoid liability an application for attachment before judgment can be made and it shall be filed along with the plaint.

 

Best regards.,

priyaraghu (advocate)     24 October 2010

hi pradeep,

when the defendant fails to repay the money or if he tries to alienate the properrty you can fle a suit and along with the plaint you can file the petition for attachment before judgement and notice will be ordered for the defendants to furnish necessary surety for the value of the money other than the property or petition may also be allowed but its the descretion of the judge

kranthi (retainer advocate)     28 October 2010

Aboveall r said right, u have to file a petition Under O38 R5 along with paint or u can file at any time after filing case but before judgement. with property schedule
 


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