Attachment Before Judgment -- Absence of Material on Essential Ingredients -- Order of attachment becomes void where essential ingredients of O.38 R.5 CPC are not shown
Civil Procedure Code, 1908, O.38 R.5 -- Attachment Before Judgment -- Absence of Material on Essential Ingredients -- An order of attachment before judgment becomes void where there is no material to show the essential ingredients of Order 38 Rule 5 CPC, namely, that the defendant has disposed of or is attempting to dispose of property, in whole or in part, or is attempting to remove property from the local limits of the Court's jurisdiction, or has withdrawn or attempted to withdraw funds and transferred them mala fide to family members.
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