GIAN CHAND SOOD Vs. HARNAM SINGH

JUDGEMENT

(1.) This revision petition is directed against the order dated May 30, 1983 of the trial Court which was passed under Order 38 Rule 5 of the Code of Civil Procedure.

(2.) The plaintiff-respondent Harnam Singh filed a suit for recovery of money against the defendant-petitioner Gian Chand Sood. Along with the suit the plaintiff filed an application under Order 38 Rule 5 of the Code of Civil Procedure (hereinafter called 'the Code') for attachment of the defendant's house before judgment. It was contended that the defendant was endeavouring to dispose of this house in order to defeat the decree which may ultimately be passed against him in the suit. The trial Court vide the impugned order issued a notice of the application to the defendant directing him to furnish security in the sum of Rs. 35,000/- by a specified date or to show cause why he should not furnish security in this amount. In the meantime the house of the defendant was ordered to be attached.

(3.) It is provided in sub-rule (4) of Order 38 Rule 5 of the Code that if an order of attachment is made without complying with the provisions of sub-rule (1) of this Rule such attachment shall be void. Sub-rule (1) is as follows :-