A recent Supreme Court judgement has clarified the application of Order 38 Rule 5 of the Civil Procedure Code, concerning attachment before judgement. This legal provision aims to prevent defendants from evading potential court decrees by disposing of or removing their movable property. The discussion highlights the importance of this ruling in safeguarding plaintiffs' rights to realise their claims.
As per your query let me inform you that the object of order 38 rule 5 CPC in particular, is to prevent any defendant from defeating the realization of the decree that may ultimately be passed in favour of the plaintiff, either by attempting to dispose of, or remove from the jurisdiction of the court, his movables.
Here's, a judgment that you asked for do have a look at it:- https://indiankanoon.org/doc/1826656/
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