Raman Tech & Process Engineering Co v Solanki Traders (2008)

CPC & Limitation Act · Inherent Powers & Interlocutory Orders (ss.148–151, s.94)

Facts.

A plaintiff in a recovery suit sought attachment before judgment under Order 38 Rule 5.

Issue.

Is a prima facie case enough to justify attachment before judgment?

Held.

No — the power is drastic and extraordinary; the plaintiff must prove both a prima facie case and that the defendant is disposing of/removing property with intent to defeat the decree.

Why it matters.

It is the leading modern authority curbing casual use of Order 38.

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