A S SAMIVEL Vs. K ANNAMALAI

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the order passed in I.A.No.358 of 2002 in O.S.No.98 of 2002 by the learned Subordinate Judge Mettur.

(2.) The revision petitioner filed a suit in O.S.No.98 of 2002 praying for a decree directing the defendant/respondent herein to pay a sum of Rs.2,14,120/- with interest on the principal amount of Rs.90,000/- at 24% p.a. from the date of the suit till the date of decree and subsequent interest thereon till realization on the ground that on 01.10.1996, the defendant borrowed a sum of Rs.90,000/- from the plaintiff and executed a promissory note promising to repay the amount with interest at 24% p.a. Along with the suit, the plaintiff also filed I.A.No.358 of 2002 for attachment of the properties of the defendant before judgment. In support of the above application, the plaintiff also filed a third party affidavit, by name, T.S.Ambayeram. The learned Subordinate Judge dismissed the application for attachment before judgment on the ground that earlier, on the same averments, the plaintiff filed a creditor Insolvency Petition against the defendant before the very same Court and the same was contested by the defendant, the plaintiff himself withdrew the I.P. as not pressed and thereafter, filed the suit for the same cause of action and also on the ground that there is no evidence on material to show that the defendant is making arrangement to alienate any of his properties. Aggrieved over the said order, the plaintiff has filed this Civil Revision Petition.

(3.) The learned Counsel appearing for the revision petitioner would contend that the learned Subordinate Judge has not considered the application for attachment before judgment and also the affidavit filed in support of the same and the order of the learned Subordinate Judge is vague and a non-speaking order.