Attachment Before Judgement PDF

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Summary

this is only for Pakistani student and this is not made for teaching others but these are assessment written by a law student....

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ATTACHMENT BEFORE JUDGEMENT: Introduction: Attachment is the legal process of seizing property to ensure satisfaction of a Judgment. An attachment before judgment is to enable the plaintiff to realize the amount of the decree, supposing a decree eventually made, from the defendant property. An attachment before judgment is in the nature of an interlocutory order. An attachment before judgement is a matter of relief and not of procedure. Object: The object is to safeguard the interest of the plaintiff, if the court is satisfied that ultimately when a decree is going to be obtained by the plaintiff, he may not be able to realize the fruits of the decree. The main purpose of attachment was to coercive a defendant into appearing in court and answering the plaintiff's individual of the right. The object is to prevent any defendant from defeating the realization of the decree that may ultimately be passed in favor of the plaintiff, either by attempting to dispose of, or remove from the jurisdiction of the court. It is a preventive and not a punishable action. Circumstance where this remedy is invoked: The most difficult task for the decree-holder is to trace out the whereabouts of the judgement-debtor and to furnish the particulars of his assets for the purpose of the execution. A plaintiff should show that his claim is bona fide and valid and also satisfy the court that the defendant is about to remove or dispose of the whole or part of his property, with the intention of obstructing or delaying the execution of any decree that may be passed against him. In order to avoid such a situation and to safeguard the interest of the plaintiff, court has to satisfy itself before making such order whether defendant is about to leave the country or dispose of his property with a view to frustrate or delay execution of decree, it has no jurisdiction to order attachment of the property which does not belong to defendant, as where he has already disposed of the property. The court has inherent power to attach the property of the defendant. Interlocutory application:...