Order XXXVIII Rule 5 C.P.C, it is obligatory for the Court to issue a notice before directing attachment. – it is a relief which has to be granted in exceptional cases and in specified circumstances contemplated by Order XXXVIII Rule 5(1) C.P.C.

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A party to the suit, namely, the plaintiff cannot as a matter of right insist that there shall be invariably an order to attach the property or the movables, which the party claims being the security or the subject matter of the petition.

 Even otherwise, it is a relief which has to be granted in exceptional cases and in specified circumstances contemplated by  Order XXXVIII Rule 5(1) C.P.C. It cannot be ordered as a matter of course. 

When the trial court has exercised its discretion in this context, to issue a notice to the respondent before directing attachment, it cannot be found fault with any manner. Nor the order under revision can be subjected to any process in terms of Article 227 of the Constitution of India much less in terms of Section 115 C.P.C.