Justice A.V. Sesha Sai
Whether a court can order for the attachment of property which is outside its jurisdiction as per the Civil Procedure Code,1908?
It was contended that the order is against the Order 38 Rule 5 of CPC as the said property is outside the jurisdiction of the court and the court cannot order for the attachment of a party which is outside its jurisdiction.
It was contended that the court has provided valid reasons for the attachment and therefore, the present court cannot interfere in that order.
The High Court dismissed the revision. It was observed that the court has full authority to order the attachment of property which is outside its jurisdiction as laid down in the rules of CPC.
“Order 38, rule 5 and Order 21, rule 46 read in the light of Section 136 make it abundantly clear that a court can attach the properties notwithstanding that they do not lie within the jurisdiction of the Court in which the suit is filed.”
- Para 9 (A.K. Saravanan v. Surender Singh)