https://www.taxtmi.com/caselaws?id=293609 In a money recovery suit, temporary injunction against alienating a defendant's property is unavailable unless the strict conditions under Order 39 Rules 1 and 2 are pleaded and proved, including a factual basis showing intended fraudulent disposal. Mere pendency of a money claim or vague apprehension of non-recovery is insufficient. Likewise, security or attachment before judgment under Order 38 Rule 5 requires clear averments that the defendant is about to dispose of or remove property to obstruct execution; absent such foundation, relief cannot be granted. Section 151 cannot be used to bypass these statutory limits. The defendant's appeal succeeded and the plaintiff's appeal failed. en-us Fri, 10 Jul 2009 00:00:00 +0530 Sat, 20 Feb 2021 12:23:20 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=293609 In a money recovery suit, temporary injunction against alienating a defendant's property is unavailable unless the strict conditions under Order 39 Rules 1 and 2 are pleaded and proved, including a factual basis showing intended fraudulent disposal. Mere pendency of a money claim or vague apprehension of non-recovery is insufficient. Likewise, security or attachment before judgment under Order 38 Rule 5 requires clear averments that the defendant is about to dispose of or remove property to obstruct execution; absent such foundation, relief cannot be granted. Section 151 cannot be used to bypass these statutory limits. The defendant's appeal succeeded and the plaintiff's appeal failed. Case-Laws Indian Laws Fri, 10 Jul 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=293609