Case Law Analysis
|Himachal Pradesh High Court
Order 38 Rule 5 CPC | Prima Facie Case & Intent to Defraud Must Be Proved for Pre-Judgment Attachment : Himachal Pradesh HC
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.