#Attachment Before Judgment

The Delhi High Court set aside a ₹15 lakh pre-judgment security order, ruling that mere apprehension of asset disposal, a defendant's residence outside the jurisdiction, and evasive denials do not satisfy the stringent requirement under Order XXXVIII Rule 5 CPC to prove a concrete intent to defeat decree execution. The decision raises the evidentiary bar for plaintiffs seeking attachment before judgment in commercial suits.

Himachal Pradesh High Court upholds pre-judgment attachment under Order 38 Rule 5 CPC, ruling that plaintiffs must establish a prima facie case and defendant's intent to defeat decree-here, proven by the defendant's sale of property during litigation. The decision reinforces safeguards against frivolous attachments while protecting creditors' rights in landlord-tenant disputes.