SASEENDRAN Vs. SADANANDAN

JUDGEMENT

(1.) This appeal has been preferred against the order in I.A. No. 1858 of 2002 in O.S.No.180 of 2002 on the file of the Additional Sub Court, Thalassery.

(2.) I.A. No. 1858 of 2002 was a petition filed under O.38 R.5 read with S.151 of the Code of Civil Procedure and I.A. No.395 of 2003 was a petition filed under S.151 of the Code to receive additional affidavit in support of I.A. No. 1858 of 2002. Both the applications were preferred by the plaintiff who instituted the suit for realisation of an amount of Rs. 5,90,000/- alleged to the due from the defendant. Plaintiff - petitioner apprehended that the defendant would deal with his properties unless an order of attachment is made before judgment. The Court below found no merit in the contentions raised by the petitioner and dismissed the applications. Before dismissing the applications opportunity was given to the defendant to file his counter affidavit. It is after considering the objections raised by the defendant that the petitions were dismissed against which the present appeal was preferred.

(3.) Registry of this Court raised objection stating that the order challenged is an order under O.38 R.5 of the C.P.C. and consequently appeal is not maintainable and the appeal memorandum was returned. Counsel for the appellant made the following reply: