AMIR SINGH YADAV Vs. MAHESH KUMAR

JUDGEMENT

(1.) Plaintiff is aggrieved of the order dated 21st of September, 2023 passed by Additional Civil Judge (Sr. Division) Rewari whereby an application filed by the defendant seeking substitution of the property in relation to the application filed by the plaintiff under Order 38 Rule 5 CPC has been allowed.

(2.) Plaintiff filed suit for recovery of Rs.11,62,800.00 against the defendant on 31st of January, 2023. Along with Civil Suit an application under Order 38 Rule 5 CPC, 1908 was filed seeking attachment of the property before judgment. In the application, plaintiff sought attachment before judgment of a particular property i.e. Plot No.C-164, Ansal Town, Sector 19, Rewari, Tehsil and District Rewari which was in joint name of the defendant, his sister and brother-in-law. On 10th of February, 2023 when the defendant appeared, he suffered statement through his counsel to the effect that the defendant shall not alienate the property which was mentioned in the application under Order 38 Rule 5 CPC filed by the plaintiff till filing of written statement.

(3.) Order dated 10th of February, 2023 passed by ACJ (SD), Rewari reads as under: