Order 38, Rule 5(1)(a) CPC - whether the petitioner herein is about to dispose of whole or any part of his property, has to be considered in this case. There is no averment with regard to the aforesaid requirement by the plaintiff stating that the petitioner herein is about to dispose of whole or any pan of his property with intent to obstruct or delay the execution of any decree that may be passed against him. A reading of the affidavit on the face of it, does not satisfy the requirement under Order 38, Rule 5 CPC, and therefore, no order of attachment can be ordered in the instant case. I am, therefore, of the opinion that the learned Principal Senior Civil Judge erred in ordering attachment. The order under revision is set aside and the CRP is allowed. No costs.-2015 A.P.(2001)MSKLAWREPORTS

Order 38, Rule 5(1)(a) CPC - whether the petitioner herein is about to dispose of whole or any part of his property, has to be considered in this case.
There is no averment with regard to the aforesaid requirement by the plaintiff stating that the petitioner herein is about to dispose of whole or any pan of his property with intent to obstruct or delay the execution of any decree that may be passed against him. 
A reading of the affidavit on the face of it, does not satisfy the requirement under Order 38, Rule 5 CPC, and therefore, no order of attachment can be ordered in the instant case. 
I am, therefore, of the opinion that the learned Principal Senior Civil Judge erred in ordering attachment. The order under revision is set aside and the CRP is allowed. No costs.-2015 A.P.(2001)MSKLAWREPORTS

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