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well settled that an order under Order 38 Rule 5 CPC should not
be passed merely for the sake ... opinion is not sufficient
to pass an order under Order 38 Rule 5 CPC unless it is also pleaded that
Andhra High Court
decision on the question.
5. Apparently, the order impugned is one passed under Order 38 Rule ... Order 38 Rule 5 sub-rule (4) provides an order of
attachment made under Order 38 Rule 6 without complying
Andhra High Court
contain any of the
averments as required under Order 38, Rule 5 C.P.C. and as such the
order ... herein to
satisfy the requirement as contemplated under Order 38, Rule 5 C.P.C is
concerned, at the outset
Madras High Court
specific power given for passing an order under Order 38 Rule 5
but clause (a) of Section 41 makes ... extracted and reproduced :
(1) That an order under Order 38 Rules 5 and 6 can only be issued,
if circumstances
Delhi High Court
satisfy the conditions of attachment before judgment
under Order 38, Rule 5, CPC.
2. The aforesaid issue in its stark ... right in holding that since the
case under Order 38, Rule 5, CPC has not been made out, the order
Bombay High Court
Bank
Guarantee, ordered them to do so, such order does not fall under Rule 6
of Order 38 ... defendant under Order 38 Rule 5(1) is absolutely
necessary before an order under Order 38 Rule
Andhra High Court
respondent No. 1-Bank moved separate application under
Order 38 Rule 5 of the C.P.C. for attachment before ... question.
Order 38 Rule 5 of the C.P.C., reads as under:
"5.(1) Where at any stage
Bombay High Court
Respondent has contended that the provision under Order 38, Rule 5 CPC cannot read into the provision of Section ... need not be bound by the requisites under Order 38, Rule 5 CPC. Learned Senior Counsel would further submit that
Madras High Court
Order 38 Rules 5 (1) (b), (3) and also considering
sub-rule (4) and 6 (2) of Order ... procedure under Order 38 Rule 5 (1) and that Sub-rule (4) of Order
38 Rule 5 does not come
Andhra High Court
failed to make out a case under Order 38 Rule 5 CPC.
13. It is contended that the respondent ... that the Court cannot invoke the principles of Order 41 Rule 5 C.P.C.
while entertaining objections
Delhi High Court
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