RAGHUNATH PANIGRAHI Vs. BRAHMANANDA NAIK

JUDGEMENT

(1.) THIS appeal is directed against the order of attachment before judgment passed by the learned Subordinate Judge of Sambalpur.

(2.) PLAINTIFF filed Money Suit No. 59 of 1977 for recovery of a sum of Rs. 13,330.40 paise alleging that he had supplied bricks worth that amount to the Defendant, a contractor, engaged in execution of building work and, the amount had not been paid. He, therefore, filed the suit and asked for attachment before judgment on the allegation that the Defendant was about to shift his business to Rourkela beyond the jurisdiction of the Court with a view to avoiding the decree that may be passed and, therefore, the bills of the Defendant which he was attempting to get cleared should be attached in the hands of public authorities. The Defendant denied the allegations and pleaded that no case for attachment under Rule 5 of Order 38 of the Code of Civil Procedure had been made out. It was pointed out on his behalf that the remedy of attachment before judgment is a harsh one and unless there was strict compliance with the requirements of the law, ordinarily such relief should not be granted. The learned Trial Judge, however, directed the Defendant to furnish security to the tune of Rs. 16,000/ - and until such security was furnished, the bills mentioned in Schedule -A to the petition were directed to be attached.

(3.) THE appeal is accordingly disposed of. There will be no order for costs.