LAW FOR ALL

Order 38 Rule 5 of C.P.C.In the absence of ascertainty of suit claim and in the absence of overact of alienation, no attachment before judgment can be given = The averments even if taken on face value do not satisfy the requirement of Order 38 Rule 5 of C.P.C. It is yet to be determined whether the plaintiff/applicant will be entitled to damages as claimed. Otherwise also, there is no averments regarding any overtact on the part of the respondents in disposing of the property to defeat the decree to be passed in favour of the applicant/plaintiff. In absence of any material showing the steps being taken to dispose of the property with intention to defeat the decree to be passed, no order under Order 38 Rule 5 of C.P.C. can be passed as prayed.