BIRENDER KUMAR Vs. SUDHIR KUMAR

JUDGEMENT

(1.) DEFENDANT Birender Kumar has filed this revision petition under Article 227 of the Constitution of India, impugning order dated 05.07.2013 (Annexure P -1) passed by the trial court, thereby allowing application, filed by respondent -plaintiff Sudhir Kumar under Order 38 Rule 5 of the Code of Civil Procedure (in short -CPC) for attachment before judgment of the land of defendant -petitioner. Plaintiff has filed suit against defendant for recovery of Rs. 6,30,000/ -, which includes Rs. 5,00,000/ - as principal amount and Rs. 1,30,000/ - as interest, alleging that the defendant had borrowed Rs. 5,00,000/ - from the plaintiff and executed pronote and receipt for the same. The defendant alleged the suit to be false and fabricated. It was alleged that pronote has been obtained by fraud.

(2.) THE plaintiff, in his application for attachment before judgment, alleged that the defendant had already sold the entire property standing in the name of his father Satnarayan and was negotiating for sale of the disputed land standing in his own name so as to frustrate the decree that may be passed in the suit. The defendant opposed the application.

(3.) I have heard counsel for the petitioner and perused the case file.