V K GUJRAL Vs. ROLAND BURNY

JUDGEMENT

(1.) This application under 0. 38, R. 1, Civil P. C. has been filed by the plaintiff for calling upon the defendant to furnish security both for his appearance and for the satisfaction of the decree that may be ultimately passed in the plaintiff's . favour. Order 38, R. 1, Civil P. C. reads as under:

(2.) The general rule is that a plaintiff must first obtain a decree and then execute the same. The question of arrest of the debtor or attachment of the property would arise at the stage of execution of the decree. However, under special circumstances which are specified in Rr. 1 and 5 of 0. 38, Civil P. C., the creditor can take out arrest or attachment against his debtor even before the judgment.

(3.) It is alleged in the application that the defendant is a foreign national and is on a temporary posting in India. It is further alleged that as is apparent frond the allegations in the plaint the conduct of the defendant is not free from doubt and as such it is necessary to pass orders under 0. 38, R. 1, Civil P. C. It is well settled that before exercising the powers under O. 38, R. 1 the Court has to be satisfied that the plaintiff's suit is bona fide and that his cause of action is prima facie an unimpeachable one. In order to decide) this, it is necessary to refer to the plaint and some of the documents along with the plaint.