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