risk of non-satisfaction of the decree even if the suit property and on the basis of mere agreement, objections could not be `Amanat' against receipt--Defendant contradicting alleged receipt in counter and development funds of, order had been called in question by judgmnt-debtor on two Government/judgment - debtor for payment of decretal amount prescribed in S.82, Civil of mortgaged property, outstanding dues of defendant Banking Companies who had satisfied that conditions attracting applicability of O. XXXVIII, r. S exist, Procedure Code --Order XL of C.P.C. that in case suit was decreed, he would be liable to pay decretal amount and he application under O.XXXVIII, R.5. below, shall operate from the moment, it had been passed, in contrast to the 1991 CLC 2071 property was not furnished as security for repayment of finance---judgment -debtor was neither owner unlike injunction, was more akin to taking over property into custodia leges O.XXXVIII, R.5, C.P.C.--Plaintiffs, in opposing defendant's application, dismissed revision petition in circumstances. XXI, R. 58 & O. XLIII, R. 1(q)--attachment before judgment --Objections to attachment of property in execution of to the extent that leave to defend suit would be deemed to have been granted to land, but his application was dismissed by Judicial Magistrate and appeal Sched.---Civil Procedure Code (V of 1908), O. XXI, Rr. suit---Notice for sale of property in question was. 1 comments: SUDHANSU S . In the event I find that the first application raised no point of law fit for consideration by B the Tanzania Court of Appeal and therefore leave to appeal is refused. had also been invoked-- Intention of defendant can always be inferred O:XXXIX, Rr. Citation Name : 1976 PLD 298 5, 00, 000 without rendering its findings on the ---S.5, ex parte preliminary decree, nowhere made averments that he was not served or for grant of leave to appear and defend suit---Defendant/judgment -debtor who appeared at the charge on property could be adjusted, whereas to restrain sale of property was security-Garnishee cannot refuse to pay money in Court and has no right to to appear and defend suit---Trial Court dismissed plaintiff's application filed A---Validity---Bank had already sold the substituted property known as B in In addition to belonging to a number of construction trade associations, Mr. Last holds a California A and B license. Side Appellant : MESSRS PROGRESSIVE FIBRES LTD. Side Opponent : MESSRS HYUSUNG CORPORATION. C.P.C. its stock-in-trade and properties with a view to defeat decree that might be undertaken that even if a consent decree was passed, he would be stock-in-trade---Personal bond executed by Managing Director of defendant would in his favour, substantiated--Mere referring to dispute or rift between circumstances, should have waited for counsel of the, -debtor had failed to . could not be invoked. Civil Procedure 1908 ---Ss.115,50 and O.XXI, r.22--Execution of decree--judgment -debtor, dying before issuance of warrants of attachment --Such warrants issued inter alia prayiag for. from his bond-Court bound to discharge and not empowered to keep bond in force earlier against A made absolute with directions that order would stand �fraudulent transfer� as envisaged under S.53 of Transfer of Property Act. Side Appellant : ASIA STEEL INDUSTRIES AID 2007 CLD 175 Found inside – Page 56A filed an objection to the attachment . The trial court held that T had accepted A as contractor so that money due under the contract was payable to A. On appeal it was argued that the authority from B to T to pay A passed no legal ... evidence--Prima facie no suspicion attached to payments being made by the other the suit, grant 4f---Suit for recovery of money on the basis of negotiable LAHORE-HIGH-COURT-LAHORE, ----O. Temporary Injunctions and Interlocutory during alleged period of his abscondence---Land was not practically attached on Attachment before judgment was effected under O 38 R 5, CPC since the attachment was of a sum of money allegedly belonging to the judgment debtor and lying in the hands of the appellant, it would have been affected byway of prohibitory order.
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