AFTAB RAI MAINI Vs. KARNAIL SINGH AND ORS.

JUDGEMENT

(1.) This petition is directed against the order of the trial Court dated 3-5-1988 whereby in the application under order 38 rule 5 of the Code of Civil Procedure, filed on behalf of the plaintiffs, the defendant was directed to furnish security within one month in the sum of Rs. two lacs so that interest of the plaintiffs is safeguarded.

(2.) The plaintiffs filed a suit for recovery of Rs. 1,60,000.00 along with costs and interest. Along with the suit, he also made an application under Order 38 rule 5 of the Code of Civil Procedure, alleging that there is every likelihood of the defendant alienating the suit property so as to defeat the purpose, for which the plaintiffs have filed the suit. The said application was contested on the ground that the defendant owns many immovable properties. He is a man of great repute and there is no possibility of his shifting from the jurisdiction of the Court.

(3.) The learned Subordinate Judge, after hearing the learned counsel for the parties came to the conclusion that the plaintiffs have not been able to satisfy that the defendant is likely to dispose of the property or is about to remove any part of the property from the local jurisdiction of the Court. Mere raising such a plea is not sufficient. Hence keeping in view the circumstances of the case and the provisions of Order 38 rule 5 of the Code of Civil Procedure, the defendant was directed to furnish security within one month in the sum of Rupees two lacs so that interest of the plaintiffs is safeguarded.