CPC 1908 § Order XXXVIII, Rule 5 — Where defendant may be called upon to furnish security for production of property

Statutory text (English)

(1) Where, at any stage of a suit, the Court is satisfied, by affidavit or otherwise, that the defendant,
with intent to obstruct or delay the execution of any decree that may be passed against him—
(a) is about to dispose of the whole or any part of his property, or
(b) is about to remove the whole or any part of his property from the local limits of
the jurisdiction of the Court,
the Court may direct the defendant, within a time to be fixed by it, either to furnish security, in such
sum as may be specified in the order, to produce and place at the disposal of the Court, when required,
the said property or the value of the same, or such portion thereof as may be sufficient to satisfy the
decree, or to appear and show cause why he should not furnish security.

(2) The plaintiff shall, unless the Court otherwise directs, specify the property required to be
attached and the estimated value thereof.

(3) The Court may also in the order direct the conditional attachment of the whole or any
portion of the property so specified.

Source and verification

Source citation: CPC (Act V of 1908) First Schedule, Order XXXVIII, Rule 5 (ARREST AND ATTACHMENT BEFORE JUDGMENT): Pakistan Code portal consolidated official PDF 'THE CODE OF CIVIL PROCEDURE, 1908' (First Schedule, Orders I-LI, pp. 58-185), p. 161, ingested 2026-09-15. Automated transcription from official source (pypdf extraction, audited artifact repair); human admin re-check required before production.

Verification status: verified · Text status: auto_transcribed_verified_source

The record cites an official source, but its transcription is automated or only partly checked; a human re-check is pending.

Official Urdu text status: pending_official_urdu_text. Where official Urdu wording has not been sourced, Qanoon does not substitute an unverified translation for the statutory text.

Historical text notes

1 historical record is linked to this section. Historical wording may be incomplete or pending verification; it is not presented as current law.

• Date not confirmed: Consolidated current text as published in the official Pakistan Code PDF (p. 161) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment…

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