Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL))     09 June 2010

attachment before judgment is valid or void

Debtor came to know that the creditor is alinating the property with out reach of debtor so the debtor immediatily rush to the court for attachment of the creditor's property but before the order of attachment the creditor entered in to an agreement  of sale with the third party now tell me whether the attachment is valid or void?



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 5 Replies

Daksh (Student)     09 June 2010

Dear Srikanth,

Kindly refer to Order 38 Rule 5 of C P C if in case it is a admitted debt.

Best Regards

Daksh

SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL))     09 June 2010

daksh

whether  the craditor addmited the debt or not its not my quesstion please clarrify the above problem

Devajyoti Barman (Advocate)     09 June 2010

If the court gets satisfied that the defendant is going to sell the suit property or the defendant is leaving the territorial jurisdiction of the Indian court of law or induldging in any other practicesas proided for in CPC to frustarte the claim of the plaintiff whereby the whole suit may get infractuous , the court may pass oredr of attchment before the judgement. Howeer this power of the civil court is very sparingly used and hence definitely valid in right circumstances or if it is within the mandates of CPC.

V.G.Rao Advocate (Advocate)     11 June 2010

Dear Srikanth, mere entering in to agreement of sale does not confer titile to the purchaser, u need not to worry about it, property can be attached, if necessary you implead the purchaser as a party to the case.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     11 June 2010

Once third party rights are created before any order of the court for attachment the further legal course is very tough and lengthy. How third party is responsible , the burden of proof will be on you till that even any attachment issued will be set aside.


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