Question

An attachment before judgment order takes away

• A. right to ownership
• B. right to file suit
• C. power to alienate the property
• D. capacity of execution of a decree

Hint:

Remember that attachment before judgment is a protective measure. It 'freezes' the property to secure the plaintiff's potential decree, but it doesn't change the ownership until the property is eventually sold in execution of a decree.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
"Attachment before judgment" is a provisional or interim remedy available to a plaintiff under Order XXXVIII of the Code of Civil Procedure, 1908. It allows the court to attach the defendant's property during the pendency of a suit to ensure that the defendant does not dispose of the property to defeat any future decree that the plaintiff might obtain.
Step 2: Detailed Explanation:
The effect of an attachment before judgment is not to transfer ownership or title of the property from the defendant. The defendant remains the owner. However, the attachment creates a charge on the property and restricts the defendant's ability to deal with it freely. \begin{itemize} \item (A) right to ownership: This is incorrect. The defendant continues to be the owner of the property. \item (B) right to file suit: This is incorrect. The attachment does not affect the defendant's right to file other lawsuits. \item (C) power to alienate the property: This is correct. The primary purpose of the attachment is to prevent the defendant from alienating (transferring, selling, gifting, etc.) the property. Any private transfer or delivery of the property after attachment is void against all claims enforceable under the attachment (as per Section 64 of CPC). \item (D) capacity of execution of a decree: This is irrelevant to the effect on the defendant's property rights. \end{itemize}
Step 3: Final Answer:
An attachment before judgment order primarily takes away the defendant's power to alienate the property in a way that is prejudicial to the plaintiff's claim.