- Order 40 Rule 1 of CPC — Principles for exercise of this discretion — (1) The power must be exercised sparingly. (2) It would be exercised for the safeguard of thnterest of all the parties as well as of the property which is subject matter of litigation. (3) Possession of persons bonafide in occupation of the property would not be disturbed unless there are allegations of wastage or dissipation of property or apprehension or irreparable loss or injury — The plaintiff applying for the attachment of property must show prima facie; that he has strong case and a good title of the property and also that defendant does not have a good title to the property. Muhammad Siddique and another v. Muhammad Latif and others 1996 SCR 299 (B)
- The exercise of discretion varies from case to case — Where the conduct of a party is indolent, negligent, contemptuous or unbecoming the Court takes a serious notice and passes an adverse order even if it is discretionary to pass such order or not — But when the conduct of both the parties is similar, the exercise of discretion is not stringent and the Court proceeds liberally. Kala Khan v. Muhammad Matloob & 2 others 2008 SCR 288 (C)
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