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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 7 CPC: Mode of making attachment

Bare Act text

7. Mode of making attachment.—Save as otherwise expressly provided, the attachment shall be made in the manner provided for the attachment of property in execution of a decree.

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

Unless otherwise expressly provided, an attachment before judgment under Order XXXVIII is made in the same manner as the attachment of property in execution of a decree.

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