Attachment Before Judgment

Order 38 Rule 5 and Order 39 CPC set a high bar for freezing a defendant's assets before trial, and Exception 8 to defamation shields good-faith police complaints. What plaintiffs must actually prove to win these interim remedies.

The doctrines of arrest and attachment before judgment, codified under Order XXXVIII of the CPC, are safeguards to secure justice by preventing evasion or dissipation of assets. Courts apply these extraordinary measures with caution, balancing fairness and procedural integrity.