Case Law Analysis
|Punjab and Haryana High Court
Order XXXVIII Rule 5 CPC | Pre-Judgment Attachment Must Be Proportionate to Suit Amount: Punjab & Haryana HC
The Punjab & Haryana High Court ruled that pre-judgment attachment of property under Order XXXVIII Rule 5 CPC must be proportionate to the claimed amount, setting aside an order attaching ₹1.1 crore worth of land for a ₹24.17 lakh suit. The decision reinforces that courts must ensure attachments do not exceed the financial stakes of the dispute, protecting defendants from disproportionate asset seizures.