P RAMASWAMY Vs. SRI DHANDAYUTHAPANI FINANCE SANKARI

JUDGEMENT

(1.) Defendant is the petitioner. Plaintiff filed O.S. 41 of 1986 on the file of the Sub-Court, Sankari, based on a promissory note dated 3-12-1985 for Rs.50,000 executed by defendant in favour of plaintiff. Pending disposal of the suit, I. A. 174 of 1986 was filed under Order 38 Rule 5 read with S.151, C.P.C. for attachment to be effected before judgment of Ashok Leyland Lorry as described in the schedule, and which belongs to defendant.

(2.) In the supporting affidavit, it was claimed that in spite of repeated demands, the amount had not been paid, and as the lorry owner is heavily indebted to several persons, and with a view to defraud the plaintiff defendant was making arrangements to sell the said lorry to one Palanisami about which he had come to know through one Sengoda Gounder, and as such, attachment before judgment of the property mentioned in the petition has to be ordered if the respondent fails to furnish proper security after notice to the respondent. Otherwise the petitioner will be put to serious loss and hardship. Therefore, he has asked for an order of attachment before judgment by issuing notice to respondent for furnishing property security.

(3.) Even though in the affidavit, he had specifically asked for attachment before judgment only after defendant fails to furnish proper security after notice, the Court below had passed the following order :- "Heard counsel. Perused documents. Notice to respondent to offer security for Rs. 50,000 failing which to attach by 11-3-1986."