NEW SHREE DURGA VASTRA BHANDAR Vs. TARLOK NATH

JUDGEMENT

(1.) -This appeal has been preferred by the defendant against the judgment and order dated 31-7-89 passed by the First Additional Civil Judge, Kanpur asking the appellant to furnish security of Rs. 1,70,000/- by 5th of August, 1989, otherwise his property in his shop shall be attached.

(2.) THE plaintiff had filed this suit in the lower court for realisation of Rs. 1,70,000/- from the defendant. He had moved a petition under Order 38 Rule 5 of the Code of Civil Procedure (referred to as Code for brevity). THE plaintiff had urged that in order to obstruct and delay execution of decree that may be passed against him the defendant-appellant is disposing of the property in his shop in hot haste and even at a low price. On these grounds he had prayed that the cloths, furniture lying in shop no. 30 Aminabad, Lucknow styled as New Shree Durga Vastra Bhandar and cash if any in the till and the tenancy/ownership right in aforesaid shop be attached.

(3.) AT the very admission stage the parties had exchanged their affidavits with annexures of relevant documents filed before the courts and also relevant papers for consideration of this appeal; hence we are disposing it on merit.