K. VENKATESAN Vs. A. SHANMUGASUNDARAM

JUDGEMENT

(1.) This revision petitioner as plaintiff filed a suit against the respondent herein in O.S. No. 35 of 2013 before the learned District Court, Tiruppur for recovery of amount of Rs.25,00,000.00. The revision petitioner has filed application along with the suit in I.A. No. 219 of 2013 under Order 38, Rule 5 of C.P.C. to direct the defendant/ respondent to furnish security for the suit claim and failure to furnish security, order attachment before judgment of the suit properties. The plaintiff stated that the defendant is making serious attempt to alienate his valuable property with a view to defeat and delay his claim. Therefore, the plaintiff has filed the above application seeking to attach the petition mentioned properties before judgment.

(2.) The said application was strongly objected by the respondent herein by filing counter affidavit. It is the contention of the respondent herein that all the properties mentioned in the petition schedule were mortgaged with the bank and he is not in a position to discharge the bank loan and he could not redeem the mortgage. Further, the respondent herein has no intention to dispose the suit schedule properties. All the properties are worth about more than five crores. But, the suit is filed only for the recovery of amount of Rs.25,00,000.00. Hence, he prayed for the dismissal of the said application.

(3.) The learned 1st Additional District and Sessions Judge, Tirupur after hearing the arguments, was pleased to dismiss the application filed under Order 38, Rule 5 of C.P.C. by the plaintiff by order and decree dated 26.04.2013, which is impugned in this civil revision petition.