ABDUL JABBAR MAMU Vs. MOHD RUKNUDDIN

JUDGEMENT

(1.) the only question involved in this civil revision petition is as to whether an appeal is maintainable under Order 43, Rule l(q) of the Code of Civil Procedure against the dismissal of the application for attachment before judgment when there is no Order for conditional attachment pending consideration of the application.

(2.) a suit was filed by the plaintiff for money, in which, he filed an application for attachment before judgment of the properties of the defendant. Notice was ordered on the above application, but there was no Order of conditional attachment. On the defendant showing cause, the trial court dismissed the application for attachment before judgment. Against that Order, the plaintiff filed an appeal before the lower appellate court and the lower appellate court allowed the appeal and directed the defendant to furnish security. It is this Order that is challenged in this revision petition.

(3.) the only point urged by the learned counsel for the revision petition is that, on appeal shall lie against an Order dismissing the application for attachment before judgment, when there is no Order for conditional attachment passed under Order 38, Rule 5, Civil Procedure Code. Order 43, rule1(q) provides for an appeal against an Order under Rule 2, Rule 3 or Rule 6 of Order 38. The question to be decided is as to whether the Order of the trial court rejecting the application for attachment before judgment when there is no conditional attachment is one coming under Rule 6 or not. Order 38, rules 5 and 6 which are relevant are to the following effect: