[amp_mcq option1=”Order 39 Rule 1, 2″ option2=”Order 40 Rule I” option3=”Section 96″ option4=”Order 38 Rules 5-13 ” correct=”option1″]<\/p>\n
The correct answer is (a) Order 39 Rule 1, 2.<\/p>\n
Order 39 Rule 1 of the Code of Civil Procedure, 1908 provides for the attachment of property before judgment. The rule states that a court may order the attachment of any property in the possession of the defendant, or of any person claiming through or under the defendant, if it is satisfied that the defendant is likely to abscond or to dispose of the property in order to defeat the plaintiff’s claim.<\/p>\n
Order 39 Rule 2 of the Code of Civil Procedure, 1908 provides for the procedure for obtaining an order for attachment. The rule states that the plaintiff must file an application with the court, stating the grounds on which the attachment is sought. The court may then issue an order for attachment, if it is satisfied that the plaintiff’s claim is likely to succeed and that the defendant is likely to abscond or to dispose of the property in order to defeat the plaintiff’s claim.<\/p>\n
The other options are incorrect. Order 40 Rule I of the Code of Civil Procedure, 1908 provides for the arrest of a defendant. Section 96 of the Code of Civil Procedure, 1908 provides for the execution of a decree. Order 38 Rules 5-13 of the Code of Civil Procedure, 1908 provide for the service of a summons.<\/p>\n","protected":false},"excerpt":{"rendered":"
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