SANTOSH KUMAR GUPTA Vs. INDU SINGH

JUDGEMENT

(1.) Besides the fact that the stamp reporter has reported certain defects in the present revision, the matter has been proceeded.

(2.) Challenge has been raised in the present revision to the order dated 28.9.2020 passed by the learned Civil Judge (Senior Division), Ballia, on application paper no. 6-C filed under Order 38 Rule 5 of the Code of Civil Procedure, 1882 (hereinafter referred to as the 'Code') in pending Original Suit no. 31 of 2020 (Santosh Kumar Gupta Vs. Indu Singh).

(3.) Submission of learned counsel for the applicant-in-revision is that the learned court below misapplied itself and thus wrongly rejected the application filed by the applicant under Order 38 Rule 5 of the Code on the reasons disclosed in the order being that at present, it is not clear whether the suit would be decreed in favour of the applicant and, therefore, Order 38 Rule 5 application cannot be allowed at this stage. Second, it has been submitted that the learned court below has erred in giving reason that the defendant having legal rights over the property cannot be prejudiced by creating a lien over the immovable property owned by him.