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State of Madhya Pradesh - Section

Section 274 in M.P. Civil Court Rules, 1961

274.

If at the time of filing a suit or at any stage afterwards an application is made by the plaintiff for the arrest of the defendant or for the attachment of his property before judgement under Order XXXVIII, Rules 1 and 5, the Court must be satisfied not only that the defendant is about to abscond or dispose of his property or remove it from the jurisdiction of the Court, but that his object is to obstruct or delay the execution of any decree that may be passed against him. It should be remembered that the jurisdiction of the Court in these matters should be carefully and sparingly used and ex-parte orders passed in very exceptional circumstances. Greater caution should be exercised when movables are sought to be attached or when the attachment will have the effect of closing down a business.