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Saturday, 14 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order XXXVIII: Arrest And Attachment Before Judgment

Order XXXVIII Rule 6 CPC: Attachment where cause not shown or security not furnished

Bare Act text

6. Attachment where cause not shown or security not furnished.—(1) Where the defendant fails to show cause why he should not furnish security, or fails to furnish the security required, within the time fixed by the Court, the Court may order that the property specified, or such portion thereof as appears sufficient to satisfy any decree which may be passed in the suit, be attached.

(2) Where the defendant shows such cause or furnishes the required security, and the property specified or any portion of it has been attached, the Court shall order the attachment to be withdrawn, or make such other order as it thinks fit.

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

If the defendant fails to show cause why he should not furnish security, or fails to furnish the required security within the time fixed, the Court may order the specified property, or enough of it to satisfy any decree, to be attached. If the defendant later shows cause or furnishes the security and property has been attached, the Court shall order the attachment withdrawn or make such other order as it thinks fit.

Order XXXVIII: Arrest And Attachment Before Judgment

  1. 1 Where defendant may be called upon to furnish security for appearance
  2. 2 Security
  3. 3 Procedure on application by surety to be discharged
  4. 4 Procedure where defendant fails to furnish security or find fresh security
  5. 5 Where defendant may be called upon to furnish security for production of property
  6. 6 Attachment where cause not shown or security not furnished
  7. 7 Mode of making attachment
  8. 8 Adjudication of claim to property attached before judgment
  9. 9 Removal of attachment when security furnished or suit dismissed
  10. 10 Attachment before judgment not to affect rights of strangers, nor bar decree-holder from applying for sale
  11. 11 Property attached before judgment not to be re-attached in execution of decree
  12. 11A Provisions applicable to attachment
  13. 12 Agricultural produce not attachable before judgment
  14. 13 Small Cause Court not to attach immovable property