LAWS(CAL)-2011-4-45

TAPAN TANAY HALDAR Vs. GOPAL CHANDRA HALDAR

Decided On April 06, 2011
TAPAN TANAY HALDAR Appellant
V/S
GOPAL CHANDRA HALDAR Respondents

JUDGEMENT

(1.) THIS application is at the instance of the plaintiff and is directed against the order no.95 dated March 18, 2010 passed by the learned Civil Judge (Senior Division), Sixth Court, Alipore, District " South 24 Parganas in Money Suit No.19 of 2001 thereby rejecting an application under Order 38 Rule 5 of the C.P.C.

(2.) THE plaintiff/petitioner herein instituted a suit being Money Suit No.19 of 2001 claiming Rs.1 crore for defamation. THE defendants/opposite parties are contesting the said suit. During pendency of the suit, the plaintiff filed an application under Order 38 Rule 5 of the C.P.C. on December 14, 2001 and the defendants filed their written objection against the said application. Upon hearing both the sides, the learned Trial Judge rejected the application for attachment before judgment. Being aggrieved, this application has been preferred by the petitioner. Now, the question is whether the impugned order should be sustained.

(3.) PREVIOUSLY, one partition was held amongst the co-owners. The original owner of the suit properties executed and registered a deed of family settlement dividing his properties in the year 1974 and he settled of his properties in favour of his two sons, namely, Gopal Chandra Halder and Gobinda Chandra Halder.