S. SIDHARTH Vs. P. LALITHA KUMARI

JUDGEMENT

(1.) The present application has been filed to direct the respondents/defendants to furnish security worth about Rs. 81,40,000/- (Rupees eighty one lakh and forty thousand only) failing which, to issue an order of attachment of the schedule mentioned property before judgment. The applicant is the plaintiff and the respondents are defendants in the suit in C.S. No. 969 of 2010.

(2.) The case of applicant as could been from the affidavit filed in support of the said application, in nutshell, is set out hereunder:-

(3.) The respondents filed a counter affidavit denying the allegation that the first respondent's husband borrowed a sum of Rs. 60,00,000/- from the applicant and executed the suit promissory note. In the counter, it has been further stated that the first respondent's husband did not borrow any money from the applicant during his life time and he has also not executed any such promissory note. The suit promissory note had been fabricated and created for the purpose of the suit. The respondents have also denied the allegation that the applicant made repeated demand to the first respondent. Neither the applicant nor his father approached the first respondent. These allegations have been made to support the false claim of the applicant. No case has been made out under Order 38 Rule 5 C.P.C. Thus, the respondents sought for dismissal of the application.