While handling a civil suit, you learn that the defendant is quickly selling off his properties to frustrate execution. What remedy can you seek to protect your client’s interests?

 

While handling a civil suit, you learn that the defendant is quickly selling off his properties to frustrate execution. What remedy can you seek to protect your client’s interests?

Answer: You should urgently move the court under Order XXXVI Rule 6 of the Civil Procedure Code, Cap. 33 R.E. 2023, seeking an attachment before judgment. To succeed, you must file an affidavit showing that the defendant is about to remove or dispose of assets with intent to obstruct or delay execution. The court may then order conditional attachment or require the defendant to provide security. This protective remedy prevents judgment from being rendered meaningless due to dishonest acts by the defendant. As an advocate, your role is to protect the client’s future interest even before the decree is passed.

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