Or.38, rule 5 C.P.C - Attachment before judgment as a leverage for coercing the defendant to settle the suit claim should be discouraged. The power under Order 38 Rule 5 CPC is drastic and extraordinary power. Such power should not be exercised mechanically or merely for the asking. It Should be used sparingly and strictly in accordance with the Rule. The purpose of Order 38 Rule 5 is not to convert an unsecured debt into a secured debt. Any attempt by a plaintiff to utilize the provisions of Order 38 Rule 5 as a leverage for coercing the defendant to settle the suit claim should be discouraged. Instances are not wanting where bloated and doubtful claims are realised by unscrupulous plaintiffs by obtaining orders of attachment before judgment and forcing the defendants for out of court settlement, under threat of attachment. - 2015 S.C.(2007) MSKLAWREPORTS

Or.38, rule 5 C.P.C - Attachment before judgment as a leverage for coercing the defendant to settle the suit claim should be discouraged. 
The power under Order 38 Rule 5 CPC is drastic and extraordinary power.
Such power should not be exercised mechanically or merely for the asking.
It Should be used sparingly and strictly in accordance with the Rule. 
The purpose of Order 38 Rule 5 is not to convert an unsecured debt into a
secured debt. 
Any attempt by a plaintiff to utilize the provisions of Order
38 Rule 5 as a leverage for coercing the defendant to settle the suit claim
should be discouraged. 
Instances are not wanting where bloated and doubtful
claims are realised by unscrupulous plaintiffs by obtaining orders of
attachment before judgment and forcing the defendants for out of court
settlement, under threat of attachment. - 2015 S.C.(2007) MSKLAWREPORTS

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APEX COURT DIGEST - Jan.2017 [6]

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Writ - praying to declare that explanation to Section 6 of the amendment Act of 39 of 2005, Explanation: for the purpose of this Section partition means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 (16 of 1908) or partition effected by a decree of a court as unconstitutional and the same is liable to be struck down and etc; -2015 KAR(2015) msklawreports

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Or.39, Rule 1 & 2 and Sec. 151 and sec.94 of C.P.C - Police aid when to be granted - hear both parties when resisted - to avoid dispossession of actual possessor with the help of police aid - identify the property before issuing of police aid with the help of advocate commissioner if necessary - since the defendant pleaded that before the filing of suit and after filing of the suit ,he never trespassed into the suit schedule property nor violated interim injunction order - even though no evidence of violation of injunction not filed , the lower court feels that no prejudice would be caused to the respondent when police aid is granted -2013 A.P. msklawreports

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