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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
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 24 - 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
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 13 - Cited by 2 - V Sanghi - 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 14 - Cited by 0 -
1994 IVAD Delhi 25
- R Lahoti - Full Document
exercise the powers conferred upon it under Order 38, Rule 5 CPC without their being further material on record ... sine qua non before the power under Order 38, Rule 5 can be exercised by the Court. However
Madras High Court
- Cites 19 - Cited by 0 - Full Document
case, the principles analogues thereto. Order 38 Rule 5 of CPC would be attracted only when the defendant ... power of the Civil Court under Order 38 Rule 5 of CPC. Hence, the decision of the Full Bench
Gujarat High Court
- Cites 14 - Cited by 0 - J P J.C.Upadhyaya,&Nbsp; - Full Document
while distinguishing between 'order of attachment' and 'order of conditional attachment under Order 38 Rules 5 ... conclusion with regard to the essential requirements of Order 38, Rule 5, C.P.C. 7. The only question therefore
Andhra High Court
- Cites 10 - Cited by 0 -
2006 (3) ALD 605
- G Chandraiah - Full Document
contemplated by Rule 6; consequently no appeal lies under Order 43, Rule 1, clause (q), Civil Procedure Code ... under Order 43 (1) (q), Civil Procedure Code where no conditional attachment has been made under Order 38, Rule
Madras High Court
- Cites 11 - Cited by 5 -
AIR 2000 Mad 483
- Full Document
into it 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
Bombay High Court
- Cites 16 - Cited by 4 -
AIR 2004 Bom 136
- R Lodha - Full Document
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