Rule 5 Order XXXVIII of Code of Civil Procedure 1908 "Where. defendant may be called upon to furnish security for production of property"
(1) Where, at any stage of a suit, the Court is
satisfied, by affidavit or otherwise, that the defendant,
with intent to obstruct or delay the execution of any decree
that may be passed against him,-
(a) is about to dispose of the whole or any part of his
property, or
(b) is about to remove the whole or any part of his property
from the local limits of the jurisdiction of the Court, the
Court may direct the defendant, within a time to be fixed by
it, either to furnish security, in such sum as may be
specified in the order, to produce and place at the disposal
of the Court, when required, the said property or the value
of the same, or such portion thereof as may be sufficient to
satisfy, the decree, or to appear and show cause why he
should not furnish security.
(2) The plaintiff shall, unless the Court otherwise directs
specify the property required to be attached and the
estimated value thereof.
(3) The Court may also in the order direct the conditional
attachment of the whole or any portion of the property so
specified.
(4) If an order of attachment is made without complying with
the provisions of sub-rule (1) of this rule such attachment
shall be void.
Rule 6 Order XXXVIII of Code of Civil Procedure 1908 "Attachment where cause not shown or security not furnished"
(1) Where the defendant fails to show cause why he should
not furnish security, or fails to furnish the security
required, within the time fixed by the Court, the Court may
order that the property specified, or such portion thereof
as appears sufficient to satisfy any decree which may be
passed in the suit, be attached.
(2) Where the defendant shows such cause or furnishes the
required security, and the property specified or any portion
of it has been attached, the Court shall order the
attachment to be withdrawn, or make such other order as it
thinks fit.
Rule 7 Order XXXVIII of Code of Civil Procedure 1908 "Mode of making attachment"
Save as otherwise expressly provided, the attachment shall be made in the manner provided for the attachment of property in execution of a decree.
Rule 8 Order XXXVIII of Code of Civil Procedure 1908 "Adjudication of claim to property attached before judgment"
Where any claim is preferred to property attached before judgment, such claim shall be adjudicated upon in the manner hereinbefore provided for the adjudication of claims to property attached in execution of a decree for the payment of money.
Rule 9 Order XXXVIII of Code of Civil Procedure 1908 "Removal of attachment when security furnished or suit dismissed"
Where an order is made for attachment before Judgment, the Court shall order the attachment to be withdrawn when the defendant furnishes the security required, together with security for the cost of the attachment, or when the suit is dismissed.
Rule 10 Order XXXVIII of Code of Civil Procedure 1908 "Attachment before Judgment not to affect rights of strangers, nor bar decree -holder from applying for sale"
Attachment before Judgment shall not affect the rights, existing prior to the attachment, of persons not parties to the suit, nor bar any person holding a decree against the defendant from applying for the sale of the property under attachment in execution of such decree.
Rule 11 Order XXXVIII of Code of Civil Procedure 1908 "Property attached before Judgment not to be re-attached in execution of decree"
Where property is under attachment by virtue of the provisions of this order and a decree is subsequently passed in favour of the plaintiff, it shall not be necessary upon. an application for execution of such decree to apply, for a re-attachment of the property.
Rule 11A Order XXXVIII of Code of Civil Procedure 1908 "Provisions applicable to attachment"
(1) The provisions of this Code applicable to an
attachment made in execution of a decree shall so far as may
be, apply to an attachment made before Judgment which
continues after the Judgment by virtue of the provisions of
rule 11.
(2) An attachment made before Judgment in a suit which is
dismissed for default shall not become revived merely by
reason of the fact that the order for the dismissal, of the
suit for default has been set aside and the suit has been
restored.
Rule 12 Order XXXVIII of Code of Civil Procedure 1908 "Agriculture produce not attachable before Judgment"
Nothing in this order shall be deemed to authorise the plaintiff to apply for the attachment of any agriculture produce in the possession of an agriculturist, or to empower the Court to order the attachment or production of such produce.
Rule 13 Order XXXVIII of Code of Civil Procedure 1908 "Small Cause Court not to attach immovable property"
Nothing in this order shall be deemed to empower any Court of Small Causes to make an order for the attachment of immovable property.