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Attachment Before Judgment (Order XXXVIII Rule 5 CPC)

Civil Procedure & Litigation Mechanics

Definition

An extraordinary pre-decree protective remedy allowing the court to direct the defendant to furnish security or attach their property before the final judgment, upon proof that the defendant is attempting to dispose of or remove property outside the court's jurisdiction to defeat execution.

Example

In a recovery suit for ₹1 crore at Bengaluru, the plaintiff produces shipping manifests proving the defendant is liquidating all domestic assets and shipping equipment to Dubai; the High Court passes an order for attachment before judgment on the defendant's commercial warehouse under Order XXXVIII Rule 5 CPC.