SAMIYATHAL Vs. N SAMPATH

JUDGEMENT

(1.) The petitioners are aggrieved against the order passed by the Court below in rejecting their application to raise the order of attachment before judgment ordered in I.A. No. 482 of 1990 in O.S. No. 335 of 1990. The petitioners are the defendants in the said suit seeking for recovery of money based on a promissory note. It is stated that an order of attachment before judgment came to be passed in I.A. No. 482 of 1990 in respect of the subject matter of properties. It is also represented by the learned counsel for the petitioners that the suit has been settled out of court and accordingly the same was also dismissed. He referred to a xerox copy of the register maintained by the Court below indicating the above said fact. Therefore, the attachment made in I.A. No. 482 of 1990 has to be raised, is the contention of the petitioners. The petitioners filed an affidavit in support of the said application before the Court below stating that the claim of the plaintiff was satisfied on 22.10.1991 itself and the suit register extract would also show that the matter has been settled between the parties out side the court. The Court below has rejected the same only on the reason that the attachment cannot be raised after a very long period without perusal of the order passed in I.A. No. 482 of 1990. Aggrieved against the same, the present Civil Revision Petition is filed.

(2.) Though notice was ordered to the respondent/plaintiff, and he was also served on 24.6.2013, he has not chosen to appear before this Court either in person or through counsel. His name is printed in the cause list.

(3.) I heard the learned counsel for the petitioners and perused the materials placed before this Court.