K JAYALAKSHMI Vs. S M MUTHAIER

JUDGEMENT

(1.) THIS appeal is against an order passed on 43. 1988 by the subordinate Judge, Dindigul making the interim attachment absolute.

(2.) THE respondent herein filed a suit for recovery of a sum of Rs. 51,300 with interest on Rs. 45,000 at 24% per annum from the date of plaint. THE suit is based on two promissory notes executed by the defendants. While the suit was pending, the respondent applied for attachment of the properties. In support of the application for attachment the respondent had made the following averments: ". . . Now, already 1st defendant's husband wound up his business at Madras and is attempting to sell the same to third parties. She has only one house at Madurai . with intention to obstruct and delay the execution of the decree that may be passed in this suit, she is about to dispose off the whole of the property belonging to her and to secrete the consideration herself. If she does so, I may not be able to recover any amount. I have also filed a third party affidavit to substantiate the same. Hence this application has been filed by me for an order of attachment before judgement of the properties mentioned in the application and an ad interim attachment pending disposal of this application. This application is filed for the same. "

(3.) AS pointed out by the learned Judge in that case, if the Court is satisfied that the defendant is about to dispose of the whole or part of his property with intent to obstruct or delay the execution of any decree that may be passed in the suit, the Court is entitled to pass an interim order of conditional attachment even before notice and if the defendant fails to show cause why he shou) i not be made to furnish security, the Court may order attachment by making the interim order absolute. In the present case, the respondent has made the necessary averments in the affidavit filed in support of the application for attachment and the same was supported by another affidavit of a third party. The court below was satisfied within the meaning of 0. 38, R. 5 (l) and ordered notice and interim conditional attachment as provided in sub-rule (3 ).