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Under which of the following provisions of the Civil Procedure Code, 1908, is attachment before judgment provided?
Question

Under which of the following provisions of the Civil Procedure Code, 1908, is attachment before judgment provided?

A.

Order 38 Rule 5-13

B.

Order 39 Rules 1 and 2

C.

Order 40 Rule 1

D.

Section 96

Correct option is A


Order 38 Rules 5-13 of the Civil Procedure Code, 1908 deals with attachment before judgment. This provision allows the Court to attach a defendant's property before the judgment is pronounced if there is a likelihood that the defendant may dispose of the property to obstruct the execution of any decree that may be passed against them. This ensures that the plaintiff's rights are protected and that the defendant cannot escape liability.
Information Booster: Attachment before judgment is a preventive measure to ensure that the defendant's assets remain available for satisfying any decree that may be passed. It can be granted when the plaintiff proves a reasonable apprehension that the defendant intends to dispose of or hide their property.
Additional Knowledge:
· (b) Incorrect: Order 39 deals with temporary injunctions and interlocutory orders, not attachment before judgment.
· (c) Incorrect: Order 40 deals with the appointment of receivers.
· (d) Incorrect: Section 96 deals with appeals from original decrees, not attachment before judgment.

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