SUSHILA Vs. AMIT KUMAR AGGARWAL AND ORS.

JUDGEMENT

(1.) Present Civil Revision has been filed by the revisionist against the order dated 11.07.2014 passed by learned Civil Judge (S.D.), Dehradun, on the application under Order 38 Rule 5 C.P.C. read with Order 39 Rules, 1, 2 & 3 read with Section 151 C.P.C. in Suit No. 257 of 2013, Smt. Sushila vs. Amit Kumar Aggarwal and another.

(2.) The plaintiff/revisionist filed a civil suit against the defendant/respondent no.1 for recovery of Rs. 1,37,40,800/- along with interest. After institution of the suit, at the initial stage, the plaintiff (revisionist herein) moved an application under Order 38 Rule 5 C.P.C. read with Order 39 Rules 1, 2 & 3 C.P.C. read with Section 151 C.P.C. Following were the averments of such an application:

(3.) The respondent no.1/defendant filed objection against the same. One of the objection of the defendant no.1 was that there was no averment or evidence to show that the defendant is leaving the jurisdiction of the Court. Another objection, which was taken by the defendant, was that the defendant is not even entitled to receive the said amount. Also that there is no averment to the effect that such an amount was lying with the Land Acquisition Officer.