HARINDER KUMAR Vs. KASHMIRA SINGH

JUDGEMENT

(1.) The petitioner has challenged the order dtd. 8/9/2022 passed by the Civil Judge (Junior Division), Fatehgarh Sahib, whereby the application preferred by him under Order 38 Rule 5 of the Code of Civil Procedure, 1908 ('CPC - for short), has been declined.

(2.) Learned counsel for the petitioner submits that the petitioner had entered into an agreement to sell with the respondent and the respondent had resiled from the same. He has filed a suit for recovery of the earnest money which he had paid to the respondent. There is every likelihood of the respondent alienating the suit land and, therefore, the application for attachment of the property of the defendant ought to have been allowed.

(3.) Heard.