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case (supra 1) that the attachment order under Order 38 Rule 5 CPC cannot be ordered against the third party ... well settled that an order under Order 38 Rule 5 CPC should not be passed merely for the sake
Andhra High Court
- Cites 5 - Cited by 5 - Full Document
contain the requisite averments in compliance of Order 38, Rule 5 C.P.C and the learned Judge also failed ... satisfy the requirement of the provision of Order 38 Rule 5 C.P.C by making such averments
Madras High Court
- Cites 10 - Cited by 4 -
(2002) 2 MLJ 146
- S Jagadeesan - Full Document
Bank Guarantee, ordered them to do so, such order does not fall under Rule 6 of Order 38 ... only under Rule 6 of Order 38 C.P.C. but not under Rule 5 of Order
Andhra High Court
- Cites 12 - Cited by 0 -
2003 (6) ALD 476
- C Somayajulu - Full Document
failed to make out a case under Order 38 Rule 5 CPC. 13. It is contended that the respondent ... that the Court cannot invoke the principles of Order 41 Rule 5 C.P.C. while entertaining objections
Delhi High Court
- Cites 16 - Cited by 0 - V Sanghi - Full Document
importing the provisions of order 38, Rule 5 of the Civil Procedure Code as it is. It is true ... hold that the provisions of Order 38, Rule 5 of the Civil Procedure Code cannot be read
Madras High Court
- Cites 12 - Cited by 0 - Full Document
plaintiff moved an application under Order 38 Rule 5 CPC praying for a direction to defendants to furnish security ... prima facie case. It granted relief under Order 38 rule 5, in exercise of revisional jurisdiction, swayed by the fact
Supreme Court of India
- Cites 2 - Cited by 13 - Full Document
that Order 38, Rules 5 and 6 and Form No. 6 in Appendix-F of Civil Procedure Code, would clearly ... security of third party is not contemplated under Order 38, Rule 5, C.P.C., the said form could
Madras High Court
- Cites 2 - Cited by 7 -
(1993) 2 MLJ 33
- P Singh - Full Document
question. 5. Apparently, the order impugned is one passed under Order 38 Rule 6 CPC as a final order ... purpose of passing an order under Order 38 Rule 6 CPC. The security was called upon to be furnished
Andhra High Court
- Cites 3 - Cited by 5 -
1996 (4) ALT 253
- L Rath - Full Document
Arbitral Tribunal shall not bound by the Civil Procedure Code, 1908 or the Indian Evidence Act, 1872. The said provision ... herein to satisfy the requirement as contemplated under Order 38, Rule 5, C.P.C. is concerned, at the outset
Madras High Court
- Cites 34 - Cited by 4 -
2004 (2) ARBLR 284 Madras
- P Sathasivam - Full Document
specific power given for passing an order under Order 38 Rule 5 but clause (a) of Section 41 makes ... extracted and reproduced : (1) That an order under Order 38 Rules 5 and 6 can only be issued, if circumstances
Delhi High Court
- Cites 13 - Cited by 2 -
1994 IVAD Delhi 25
- R Lahoti - Full Document
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