https://www.taxtmi.com/caselaws?id=306626 Attachment before judgment under Order XXXVIII Rule 5 CPC requires a prima facie satisfaction that the plaintiff has a credible claim and that the defendant is seeking to defeat execution by disposing of property. The power is drastic, must be used sparingly, and cannot be employed to convert an unsecured claim into a secured one. As the trial court did not record the necessary prima facie finding on the suit claim and did not properly assess the effect of attaching business assets, the security order and consequential attachment were set aside and the matter was remanded for fresh consideration. en-us Fri, 14 Dec 2012 00:00:00 +0530 Wed, 15 Feb 2023 15:16:09 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=306626 Attachment before judgment under Order XXXVIII Rule 5 CPC requires a prima facie satisfaction that the plaintiff has a credible claim and that the defendant is seeking to defeat execution by disposing of property. The power is drastic, must be used sparingly, and cannot be employed to convert an unsecured claim into a secured one. As the trial court did not record the necessary prima facie finding on the suit claim and did not properly assess the effect of attaching business assets, the security order and consequential attachment were set aside and the matter was remanded for fresh consideration. Case-Laws Indian Laws Fri, 14 Dec 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=306626