K MURUGESAN Vs. E ULAGANATHAN

JUDGEMENT

(1.) NO appearance for the respondents. Hence, the matter is taken up for final hearing.

(2.) THE petitioner is the seventh defendant in O. S. No. 154 of 2008 on the file of the District Munisif Court, Mettur. The first respondent has filed a suit on pro-note for a sum of Rs. 94,750/ -. Along with the suit, he also filed an application under Order 38 Rule 5 read with 151 Civil Procedure Code, for an order of attachment before judgment of the retiral benefits of this petitioner to the tune of Rs. 1,00,000/ -.

(3.) AT the outset, the Court below passed an order, directing notice to furnish security by this petitioner. This petitioner remained absent and was set exparte by the Court below on 16. 06. 2008. On 23. 06. 2008, the trial Court passed an order, directing attachment of the retirement benefits of this petitioner by 25. 07. 2008 and the same was also effected. On 25. 07. 2008, the attachment was made absolute and the Interlocutory Application was closed. It is this order being challenged before this Court by the petitioner, by terming it to be unlawful.