S. CHANDRAN Vs. A. KANNAN

JUDGEMENT

(1.) The petitioner is the plaintiff in the suit in O.S.No.41 of 2017 on the file of the learned Principal District Judge, Theni, in which, he filed the suit for recovery of money of Rs. 12,98,000/- and Rs. 11,00,000/- along with various other reliefs. During pendency of the suit, the petitioner/plaintiff had filed an application in I.A.No.54 of 2017 in O.S.No.41 of 2017 for a direction to the defendant to furnish adequate security for the suit claim amount, in default, to pass an order of attachment before Judgment of the petition mentioned properties till the disposal of the suit and the said application was dismissed on the ground that the petition mentioned property was already mortgaged to Theni Branch Karur Vysya Bank. Aggrieved by the same, the petitioner is before this Court.

(2.) It is the case of the revision petitioner/plaintiff that as against the borrowal of Rs. 11,00,000/- as hand loan on 21.09.2016 from him, the defendant had executed a promissory note on the same day and when the plaintiff demanded repayment of the amount, the defendant did not come forward to pay either the principal amount nor the interest, which made him to cast a legal notice to the defendant. It is the further case of the revision petitioner that though the defendant had accepted the factum of receipt of the amount in the reply notice, in the meanwhile, he also attempted to alienate his assets so as to escape from repayment of the amount. Contending that unless the petition mentioned property owned by the respondent is attached for the purpose of executing the decree to be passed, he cannot realize his amount forever. However, the Trial Court, without considering all these aspects, had simply disallowed the application filed by the plaintiff, which needs interference by this Court.

(3.) Heard the learned counsel for the petitioner and the notice to other side is dispensed with, in view of the nature of disposal of this case and perused the material documents available on record.