BANAWARILAL AGARWAL Vs. SUDARSAN CHITS LIMITED AND ORS.

JUDGEMENT

(1.) AGGRIEVED by an order under Order 38, Rule 5, Code of Civil Procedure, Defendant No. 2 has preferred this appeal under 43, Rule 1(q) of the said Code.

(2.) DEFENDANT No. 1 took a loan from the Plaintiff securing the same by deposit of a title deed in respect of a house belonging to him. Defendant No. 2 was a surety. On the allegation that the loan was not discharged suit for recovery of Rs. 6,049.59 paise was filed. On 5.7.1977 an application for attachment before judgment purported to be under Order 38, Rule 5, Code of Civil Procedure was filed.

(3.) A conditional order of attachment was made by the trial court. It was made absolute on the only finding that the Defendant No. 2 has not been able to satisfy about his place of business and he has sufficient assets to satisfy the decree that may ultimately be passed.