1. Civil Procedure Code, 1908 (V of 1908) Order 38, Rule 5 - Application was contested by the defendants and the same was dismissed - Such an order passed by the Court under Order 38 Rule 5 CPC is not appealable and the revision petition is maintainable.   (182) P.L.R.
  2. Civil Procedure Code, 1908 (V of 1908) Order 38, Rule 5 - Attachment of Property before judgment - If the defendant is not disposing of the property then he had no grievance at all for approaching this Court even if the impugned order was passed and the property was attached.  (176) P.L.R.
  3. Civil Procedure Code, 1908 (V of 1908) Order 38, Rule 5 - Attachment of property before judgment - Not in dispute that the respondents/plaintiffs had earlier also filed an application for attachment of the property before judgment, however, said application was dismissed being vague as plaintiff had not taken any specific allegation as to how the defendants are out to dispose of the properties - However, in the present application which was filed by the respondents/plaintiffs before the learned trial Court numerous instances were mentioned along with prima facie proofs to show that the defendants are trying to dispose of the machinery which is attached to the disputed property and thus diminishing the value of the property - In such circumstances - Trial Court was justifiable in entertaining the second application for attachment before judgment.  (176) P.L.R.
  4. Civil Procedure Code, 1908 (V of 1908) Order 38, Rule 5 - Attachment of Property before judgment - There  is no bar in law whereby the property which has already been mortgaged cannot be attached before judgment by the Civil Court as at the least second charge cannot be created over the property.  (176) P.L.R.
  5. Civil Procedure Code, 1908 (V of 1908) Order 38, Rule 5 - Court must be satisfied that defendants are about to dispose of whole or part of their property or are about to remove the whole or any part of their property from the local limits of the jurisdiction of the Court we have simply mentioned that they have genuine apprehension that defendants would lease out the land - No case was made out for the attachment of the property of the respondents-defendants.  (183) P.L.R.
  6. Civil Procedure Code, 1908 (V of 1908) Order 38, Rule 5 - Suit for recovery instituted - Recovery on the basis of pronote and receipt - Application of Bank for impleadment allowed - Whenever a party is extended the loan by the bank, bank has a first charge - In any case plaintiff succeeds in getting the suit decreed, it would be a second charge and, therefore, there would not in any impediment in seeking recovery - Bank shall be at liberty to bring on record the subsequent events which may occur in DRT proceedings before the trial Court - Order of impleadment set aside. (183) P.L.R.