...passed, upholding the order of attachment. 7/10 10. Under Order 38 Rule 5 of CPC, ...given findings which were totally unwarranted and without affording an opportunity to the revision petitioner to state his case before the Court. 11. Further, Order 38 Rule 10 ...the interest of the revision petitioner in the present case. Order 38 Rule 10 of CPC is extracted for ready reference:- "Attachment...

...out by the 1 respondent, the property in question was attached and his suit was also decreed. Learned counsel submitted that as per Order 38 Rule 10 of CPC, the appellan.... Order 38 Rule 10 reads as follows:-Attachment before judgment not to affect the rights of strangers, nor bar decree-holder from applying for sale. - Attachment...AIR 1973 Calcutta 432, it has been held as follows:-“In my view such a right comes within the meaning of that term in Order 38, Rule 10 of the Code and t...

...the erudite discussion in the above judgment after adverting to Section 64 and Order 38 Rule 10 of CPC and the -10- pr...orders and issue a writ, order or direction in the nature of certiorari quashing the said orders. ii. Issue a writ, order or direction.... Iii. Issue a writ, order or direction in the nature of mandamus, directing the -6...

...contesting respondents, on the other hand strongly relied upon the provisions of Order 38 Rule 10 of the CPC. It reads:“Attachment before judgme..., he has the right to enforce the contract. Order 38. Rule 10 of the CPC is wide enough to include even such a right and therefore the transfer made in pursuance ...agreement entered into prior to the attachment of the property will not be defeated on the ground that the transfer was made after the attachment and Order 38. Rule 10 of the ...

...promise or undertaking given by the petitioner. 17. Above all, it is significant to refer to Order 38, Rule 10 of the 14/19 ...under the law, such as the one under Section 51 (c) or Order 21 Rule 30 of the Code of Civil Procedure, if he is so advised. 18-07-2022 Index : Yes... 2.Sasikala ... Respondents Prayer: Civil Revision Petition is filed against the fair and final order, dated 28.08.2019, passed in I.A.No.103 of 2016 in O.S.No.9...

...those subsequent attachments are not binding on the secured creditors in view of Order 38 Rule 10 of CPC. 7. Section 64 of CPC bars any "P...encumbrances known to the secured creditor on deposit of money as specified in sub-rule (7) above." * Sub Rule (10) to Rule 9 indicates that "The certificate of sale...under Rule 9 of the Security Interest (Enforcement) Rules, 2002. Compliance of Rule 9 of the Secured Interest (Enforcement) Rules, is mandatory for the purpose of issuance of sale certifi...

...judgment. Thus he contended that the benefits conferred by the proviso to Section 60(1)(c) CPC would not apply to Order 38, Rule 5 CPC....be: whether the benefits conferred under Section 60(1) proviso (c) would apply to an order of attachment under Order 38, Rule 5 CPC.8. These is no...into consideration, Rule 7, as it stood even before the amendment, but the conclusions arrived at are consistent to the provisions of both Order 38 and Section 60 of CPC...

...short 'District Commission'), in complaint case No. 42/2024, whereby the District Commission while disposing an application filed by complainants under Order 38 Rule 7 and 10 of the CPC has direct...the entire amount of bill. 3. After hearing petitioner No.2 and on perusal of impugned order, without going into the merits of the case, it is directed that on petitioners...Electricity Board will be at liberty to take appropriate actin as per law. 4. With aforesaid direction, this revision petition stands disposed of, with no order as to costs...

...that the amount secured even as an attachment before judgment under Order 38 Rule 5 of the CPC is subject to the rights of other Decree Holders under Order 38 Rule ...provisions of Order 38 Rule 10 of the CPC. 6. Mr. Tulzapurkar drew my attention to the judgment in the case of...against the claims of another Decree Holder. The principle enunciated in that judgment is, therefore, entirely on a different pedestal and cannot be made applicable to the case hit by Order 38 Rule 10 ...

...the entertaining of a third party claim under Order 21 Rule 58 CPC. He would contend that under Order 38 Rule 10 CPC,...having independent right as on the date of the attachment are not affected. Order 38 Rule 10 CPC reads as follows:“10. Attachment before judgment...same.9. Rule 9 of Order 38 CPC provides for attachment to be withdrawn, upon the defendant furnishing security together with security for the costs of the attachment or when the Su...

...petitioner under Order 38 Rule 5 read with Order 39 Rule 10 and Section 151 of CPC.3. Mr. Arora, has pleaded before this Court that there is discrepancies about th...the respondent-defendant to him. According to him, the value of the goods is not more than Rs. 1 lakh, whereas, according to the respondent-defendant, the value of goods is approximately Rs. 10 lakhs...loss, in case, any loss is suffered by either of the parties?4. Heard Mr. Arora, and perused the impugned order.5. This Court has asked Mr. Arora that if it is true that the...

...clear that such conveyance would not be a private transfer subject to the provisions of Section 64 of the Civil Procedure Code”.7. Order 38, Rule 10, CPC postulates thus....this right prevails by operation of Order 38 Rule 10 CPC. Therefore, the rigour imposed under Section 64 of the Code does not prevail. The agreement of...1. The petitioner is the plaintiff. He filed O.S No. 226 of 1977 for the recovery of the suit claim and also an I.A under Order 38 Rule 5 CPC for attachment...

...the date of attachment. Before referring to the legal position I wish to refer to the relevant provisions of the Code. 11. Order 38, Rule 10, .... Ramayyamma, (1987) 1 Andh LT 718 a single Bench of this Court presided over by Justice K. Ramaswamy, as he then was, considered the scope of Section 64, Order 38, ...Section 40 of the Transfer of Property Act and this right prevails by operation of Order 38, ...

..., passed in the said suits on application in I.A.No.37 filed by him under Order XVI Rule 1 of CPC as well as on I.A.No.38 filed by him under Order XXVI Rule 10(A) of ...application in I.A.No.38 filed under Order XXVI Rule 10(A) of CPC and submits that the very prayer of the petitioner is to seek comparison of the signature of the plaint... - 7 - 05.01.2002. In the application filed under Order XXVI Rule 10(A) of CPC read with Sectio...

...even as an attachment before judgment under Order 38, Rule 5 of the CPC is subject to the rights of other Decree Holders under Order ...provisions of Order 38 Rule 10 of the CPC.5. Mr. Tulzapurkar drew my attention to the judgment in the case of (...petitions before an Award in those petitions came to be filed. At the highest, therefore, this was the movable property which was attached before judgment under Order 38, Rule 5 of the...

..., BENGALURU (CCH-38) IN O.S.NO. 8300/2019 ON I.A.NO. 04 FILED UNDER ORDER 1 RULE 10(3) OF CPC TO IMPLEAD THE PETITIONER AS PARTY TO T... XXXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-38) IN O.S.NO. 8302/2019 ON I.A.NO. 04 FILED UNDER ORDER 1 RULE 10(3) OF ...Civil and Sessions Judge, Bengaluru (CCH- 38) on I.A.No.4 filed under Order I Rule 10(3) of CPC to implead the petitioner herein as party to the suits in...

...Order 38 Rule 5 CPC on 10.1.2006 and got an ex parte order of attachment on 12.1.2006 without complying with the provisions of Order...that before passing of the order of attachment on 12.1.2006 the O.P No. 2 Manju Parekh acquired absolute interest in the property in question and in view of the provision of .... The order of attachment is void in terms of sub-rule (4) of Rule 5 Order 38 CPC and consequently, the petition under section 151 ...

...money decree and there was an order of attachment with effect from 07.04.2003. An order of attachment pending suit though may prevail over a private sale as contemplated under Section 64 CPC, it 4 will no...) In view of the specific provision under Order 38 Rule 10 CPC, this Court is unable to accept the contention that the revision petitioner can still proceed against the property which had already ...(1) This Civil Revision Petition is directed against the order in REA.No.325/2016 in REP.No.184/2007 in OS.No.246/2003 on the file of the Court of the I Additional...

...after attachment, even then that the purchaser's right has got to be protected under Rule 10 of Order 38 of CPC read with Section 47 of the Registration Act and that would rela...as a valid prohibition against alienation. By virtue of Order 38 Rule 7 of CPC, an attachment of property before judgement has to be effected in the same mann...promulgation under Order 21 Rule 54 of CPC. 10. In the instant case, since the 1st respondent has purchased item (2) of the property even before the attachment was made, the sal...

...entitled for the relief of attachment of the suit properties before judgment by invoking Order 38 Rule 5 of CPC. As such, 8/10 ... interlocutory application in I.A.No.255 of 2018 in O.S.No.117 of 2018 before the Court below, under Order 38 Rule 5 CPC r/w 151 ...Court below while declining to order attachment of the suit properties before judgment, which reads as under: "9. Order 38 Rule 5 CPC provides that when the Co...