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Thursday, April 9, 2015

Or.38, rule 5 C.P.C - Attachment before judgment as a leverage for coercing the defendant to settle the suit claim should be discouraged. The power under Order 38 Rule 5 CPC is drastic and extraordinary power. Such power should not be exercised mechanically or merely for the asking. It Should be used sparingly and strictly in accordance with the Rule. The purpose of Order 38 Rule 5 is not to convert an unsecured debt into a secured debt. Any attempt by a plaintiff to utilize the provisions of Order 38 Rule 5 as a leverage for coercing the defendant to settle the suit claim should be discouraged. Instances are not wanting where bloated and doubtful claims are realised by unscrupulous plaintiffs by obtaining orders of attachment before judgment and forcing the defendants for out of court settlement, under threat of attachment. - 2015 S.C.(2007) MSKLAWREPORTS

Or.38, rule 5 C.P.C - Attachment before judgment as a leverage for coercing the defendant to settle the suit claim should be discouraged. 
The power under Order 38 Rule 5 CPC is drastic and extraordinary power.
Such power should not be exercised mechanically or merely for the asking.
It Should be used sparingly and strictly in accordance with the Rule. 
The purpose of Order 38 Rule 5 is not to convert an unsecured debt into a
secured debt. 
Any attempt by a plaintiff to utilize the provisions of Order
38 Rule 5 as a leverage for coercing the defendant to settle the suit claim
should be discouraged. 
Instances are not wanting where bloated and doubtful
claims are realised by unscrupulous plaintiffs by obtaining orders of
attachment before judgment and forcing the defendants for out of court
settlement, under threat of attachment. - 2015 S.C.(2007) MSKLAWREPORTS

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