Third-party security in attachment before judgment can be accepted, but sufficiency must still be tested by the trial court.

In proceedings for attachment before judgment, security under Order 38, Rules 5 and 6 of the Code of Civil Procedure is not confined to the defendant's own undertaking and may be furnished by a third party. Read with Rule 5 and Form No. 6 in Appendix F, Rule 6 does not exclude third-party surety security, which may undertake liability for production of the property or its value. The rejection of such security was therefore unsustainable, but the trial court still had to examine, after hearing the plaintiff's objections, whether the property offered was adequate to secure any decree that might be passed. The matter was remitted for that determination.

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Issues: Whether, in proceedings for attachment before judgment, security furnished by a third party can be accepted under Order 38, Rules 5 and 6 of the Code of Civil Procedure, and whether the matter should be remitted to the trial court for examining the adequacy of that security.

Analysis: Order 38, Rule 6 refers to security without qualifying its nature. Read with Order 38, Rule 5 and Form No. 6 in Appendix F, the provision does not exclude security furnished by a third party. The prescribed form contemplates a surety undertaking liability for production of the property or its value, which supports acceptance of third-party security. Once such security is held permissible, the trial court must still determine whether the property offered is sufficient to satisfy any decree that may be passed, after hearing the plaintiff's objections.

Conclusion: Third-party security can be accepted in proceedings under Order 38, Rules 5 and 6 of the Code of Civil Procedure. The rejection of such security was unsustainable, and the matter had to be remitted to the trial court for decision on sufficiency of the security.

Ratio Decidendi: Security contemplated for attachment before judgment is not confined to the defendant's own security and may be furnished by a third party if otherwise sufficient.

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