An application for setting aside the ex parte order will have to be moved by the defendants. If the said application is rejected by the DJ then you may move to the High Court.

the aforementioned is the procedure.

Defendant can get the stay or not depends on the merits of the case and the same can only be told after perusing the paper book.

Contact a local lawyer.

Regards

Any order which prejudices you, cannot be passed without hearing you.

If this is an exparte order, take your chance and approach the High Court and seek a stay on the same.

Grant of order of stay depends on discretion of the court .

In suits relating to money stay order is rarely allowed unless there is gross irregularity or violation of natural justice.

So in your case merit on getting stay order can be commented only on seeing the order and case record.

To prevent the defendants from getting a stay against the order of the district court, file a caveat in the High Court, which will prevent them from getting a stay from the High Court without notice to you.

Before granting a stay against the order of the district court, the High Court will have to hear you.

Defendants are at liberty to file appeal against order of district court

2) in the alternative apply before district court to set aside exparte order

Hi,

The question is that whether you are heard or not. If not you may file a review petition in the same court against the order of District Judge.

IF heard you may pray to the high court for the stay.

1. The said order has been passed since the argument forwarded in the suit was not contested till the order was passed and the .

2. Had no liability been counter argued, the direction for providing security could have been avoided.

3. File an application before the Sessions Court challenging the said order.

4. If you fail to get favourable order in Sessions Court, then approach the High Court praying for setting aside the order passed by the lower court.

no, there is no other option and.or way out to avoid the same. the defendants have no other alternative but to put the security for the admitted amount to defend the suit.

1. Attachment takes place immediately after the order.

2. If there is any adverse order while deciding about the suit, the said attached movable assets will be appropriated to recover the allowed/ordered suit amount.

Yes as soon as the order is passed and delivered to concerned authorities to implement the order.

But before that please pray in High Court to stay the order and that could be possible.

1) if you fail to comply with court orders your property would be attached at present

not only movable, judge will grant attachment for immovable property also equivalent to the amount of plaintiff's claim and that will be effective on the order.

please try to realize that what is going on, is not only judge's order in favour of plaintiff. it is going on following the legal provision of money suit.

Attachment property takes place after order be passed

If dependent fails to produce security then attachment be cancelled

Attachment will take place after the order to the effect is passed, you will get time to challenge the order before the Higher Court

In case the judge passes the order to attach the movables under order 21 rule 30, the said order will be executed immediately, without waiting till disposal.

For this exparte order, the defendants have to file a petition to vacate or set aside the same in the same court and cannot approach high court for relief.

Let them file a petition to set aside the exparte order, you can challenge the same on merits.

Suppose if the defendants fail to furnish the security and the Judge grants attachment for movables. Will the attachment takes place right after the order or only after the completion of the original suit.Please clarify thanks all.

‘An attachment before judgment is to enable the plaintiff to realize the amount of the decree, supposing a decree eventually made, from the defendant property’. This is the object of the Order 38 rule 5 of The Civil Procedure Code,1908 (herein after referred as CPC). See. Ganu Singh Vs Jangi Lal, 26 C 531. The scope and object of Order 38 rule 5 of CPC and the rules followed thereon merely to protect a plaintiff against loss arising from the defendant making away with his property pending suit. An attachment before judgment is in the nature of an interlocutory order. In Gurunadha Rao v. Gamini Krishnayya, a Division Bench of the Hon’ble High Court of Andhra Pradesh held that to be valid an attachment must be specific and clear in its purport.

The power given to the Court to attach a deft.’s property before judgment, is never meant to be exercised lightly or without clear proof of the existence of the mischief aimed at in the rule.