All India Bar Examination (AIBE) 5-V Previous Year Question Papers with Answers

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8.

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

The answer is: C

Explanation

The correct option is C: power to alienate the property.

An attachment before judgment order is a provisional measure taken by the court to prevent the defendant from disposing of or transferring his property with the intention of obstructing or delaying the execution of a decree that may be passed in favor of the plaintiff. It does not take away the right to ownership, the right to file suit, or the capacity of execution of a decree from the defendant. It only restricts the defendant's ability to deal with his property in a way that would defeat the plaintiff's claim