B L TRADERS Vs. PRADEEP AND OTHERS

JUDGEMENT

(1.) Counter and rejoinder affidavits have been filed.

(2.) This is an appeal purporting to be one under Order 43 Rule 1(q), C.P.C.

(3.) An application under Order 38 rule 5, C.P.C. for attachment before judgment was moved before the Court below and same has been disposed of by an order under appeal. A preliminary objection has been taken that the appeal is not maintainable as the order purports to be one under Rule 5 of Order 38 of the Code. It is undisputed that an order under Rule 5 is not appealable. However, a perusal of the order shows that this is not a preliminary order passed at the ex-parte stage but it has been passed only after hearing the respondents. In these circumstances the order cannot be said to be one under Rule 5 as it clearly falls under Rule 6. The preliminary objections are, therefore, turned down.