Where at any stage of a suit, other than a suit of the nature referred to in section 16, clauses (a) to (d), the Court is satisfied, by affidavit or otherwise,-
(a) that the defendant, with intent to delay the plaintiff, or to avoid any process of the Court or to obstruct or delay the execution of any decree that may be passed against him,-
(i) has absconded or left the local limits of the jurisdiction of the Court, or
(ii) is about to abscond or leave the local limits of the jurisdiction of the Court, or
(iii) has disposed of or removed from the local limits of the jurisdiction of the Court hisproperty or any part thereof, or
(b) that the defendant is about to leave India under circumstances affording
reasonable
probability that the plaintiff will or may thereby be obstructed or delayed in
the execution of any decree that may be passed against the defendant in the
suit, the Court may issue a warrant to arrest the defendant and bring him before
the Court to show cause why he should not furnish security for his appearance :
Provided that the defendant shall not be arrested if he pays to the officer entrusted with the execution of the warrant any sum specified in the warrant as sufficient to satisfy the plaintiff's claim; and such sum shall be held in deposit by the Court until the suit is disposed of or until the further order of the Court.
Order XXXVIII Rule 1 CPC Where defendant may be called upon to furnish security
for appearance
Order
XXXVIII Rule 2 CPC Security
Order XXXVIII Rule 3 CPC Procedure on application by surety to be discharged
Order XXXVIII Rule 4 CPC Procedure where defendant fails to furnish security or find fresh security
Order XXXVIII Rule 6 CPC Attachment where cause not shown or security not furnished
Order XXXVIII Rule 7 CPC Mode of making attachment
Order XXXVIII Rule 8 CPC Adjudication of claim to property attached before judgment
Order XXXVIII Rule 9 CPC Removal of attachment when security furnished or suit dismissed
Order XXXVIII Rule 11A CPC Provisions applicable to attachment
Order XXXVIII Rule 12 CPC Agricultural produce not attachable before judgment
Order XXXVIII Rule 13 CPC Small Cause Court not to attach immovable property