T SRINIVASAN Vs. V SRINIVASAN

JUDGEMENT

(1.) The defendants in the suit are the appellants in this civil miscellaneous appeal. The respondent is the plaintiff in the suit. The plaintiff, in main, has laid the suit for recovery of the price of the land and other incidental charges, resiling from the sale in his favour, on the ground of defect in title. Pending the suit, he sought for an attachment before judgment of five items of immovable properties. The defendants contested that application and in spite of such contest, the court below deemed it fit to order attachment before judgment of item 1 of the immovable properties. This appeal is directed against the order of the court below.

(2.) Mr. R. Gandhi, learned counsel for the defendants, would submit that apart from bare allegations that the first defendant is bent upon secreting his assets to defeat and delay the suit and that the plaintiff came to know about the manoeuvres on the part of the first defendant through one Jagannathan, Mundy, Karur, no attempt was made to substantiate before the court below these allegations, and the court below has not even adverted to the question as to whether these allegations require acceptance and hence, the orders passed by the Court below cannot be sustained. .

(3.) I have been taken through the fair order of the court below and I am inclined to agree with the submissions made by Mr. R. Gandhi, learned counsel for the defendants.