Where, at any stage of as suit the court is satisfied, by affidavit or otherwise, that the defendant with intent to obstruct or delay the execution of any decree that may be passed against him—
(a) Is about to dispose of the whole or part of his property, or
ADVERTISEMENTS:
(b) Is about to remove the whole or any part of his property from the local limits of the jurisdiction of the court,
the court may direct the defendant either to furnish security in such sum as may be specified in the order, to produce and place at the disposal of the court, when required, the said property of the value of the same or such portion thereof as may be sufficient to satisfy the decree, or to appear and show cause why he should not furnish security. [O. 38, R. 5 (1)].
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The plaintiff shall unless the court otherwise direct specify the property required to be attached and the estimated value thereof. [O. 38, R. 5 (2)].
The court may also in the order direct the conditional attachment of the whole or any portion of the property so specified. (O. 8, R. 5 (3)]. If an order of attachment is made without complying with the provisions of sub-rule (1) of this rule such attachment shall be void. [O. 8, R. 5 (4)].
ADVERTISEMENTS:
Where the defendant fails to show cause why he should not furnish security, or fails to furnish the security required, the court may order the attachment of the property as may be sufficient to satisfy the decree. Where however the defendant shows such cause or furnishes the required security, the court shall order the attachment to be withdrawn, if the property has already been attached. (O. 38, R. 6).