VIDYABEN MANUBHAI AMIN Vs. BALKRUSHNA RATILAL

JUDGEMENT

(1.) IN this petition, the petitioner original plaintiff has challenged an order dated 6th January, 2006 passed by learned Additional Senior Civil Judge, Vadodara below Exh.5 in Special Civil Suit No.212/2004 filed by the petitioner herein. Said suit was filed seeking recovery of a sum of Rs.75 Lacs from the opponents herein. Apprehending that the opponents may attempt to fraudulently defeat the decree that may be ultimately passed, the petitioner moved an application Exh.5 before the trial Court seeking attachment before judgment. The petitioner made following two prayers :

(2.) IT is the case of the petitioner that the opponents have attempted to create a situation whereby the decree even if ultimately passed, would not be executed. It is stated that opponent no.3 has already left the country and after the petitioner issued notice dated 11th August, 2003 to the opponents calling upon them to pay the said amount, the said plot was ostensibly transferred by way of sell dated 30th December, 2003. It is contended that the said steps are demonstrative of fraudulent intention on the part of the respondents.

(3.) LEARNED Judge in his impugned order turned down the request of the petitioner primarily on the ground that the plot in question was transferred even before the suit was filed.