A G PEREIRA Vs. F FRANCIS SELASIS

JUDGEMENT

(1.) THE revision petitioner herein is the plaintiff in O. S. No. 698/2003 on the file of I Additional Sub- Court, Madurai. THE suit was filed for a judgment and decree directing the respondent/defendant to pay a sum of Rs. 10 lakhs together with interest at 24% p. a. from the date of suit till the date of realisation. THE said claim was based on a pronote said to have been executed by the respondent/defendant on 21. 3. 2001 for a sum of rs. 10 lakhs. THE respondent/ defendant filed the written statement denying the claim of Rs. 10 lakhs as well the date of execution of the pronote. He further pleaded that he borrowed only a sum of Rs. 5 lakhs on 21. 3. 1997 and not on 21. 3. 2001.

(2.) PENDING suit, the Revision Petitioner/plaintiff filed i. A. No. 265/2003 under Order 38 Rule 5 and Section 151 C. P. C. seeking for an order,directing the respondent/defendant to furnish security to the tune of rs. 10 lakhs and in the event of failure to furnish the security, an order for attachment of the property mentioned in the petition.

(3.) I have heard Mr. G. R. Swaminathan, learned counsel appearing for the Revision Petitioner/plaintiff and Mr. S. Subbiah, learned counsel appearing for the respondent/defendant.