RAMA KANT JHA Vs. HERO CYCLE LTD.

JUDGEMENT

(1.) The present civil revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dtd. 31/7/2025 passed by the learned Civil Judge (Junior Division), Ludhiana, whereby the application filed by the plaintiff/respondent has been allowed and the petitioners/defendants have been directed to disclose their assets on oath by way of affidavit.

(2.) The plaintiff-Hero Cycles Ltd. instituted a civil suit for recovery of Rs.9,37,23,135.00 against the petitioners. In the said suit, an application under Order 38 Rule 5 CPC for attachment before judgment of certain properties belonging to the defendants was also filed. During the pendency of that application, the plaintiff moved another application seeking a direction that the defendants be ordered to disclose their movable and immovable assets on oath, and that intimation be sent to the revenue authorities, the Municipal Corporation, and the Sub-Registrar concerned for recording an entry in their registers that any alienation of such property shall be subject to the outcome of the suit.

(3.) The petitioners opposed the application, inter alia, on the ground that it was not maintainable, as an earlier application under Order 38 Rule 5 CPC for attachment before judgment was already pending and that the properties sought to be attached were purchased much prior to the alleged transactions in question. Also some of the properties did not even belong to the defendants and that there was no provision of law empowering the trial court to direct disclosure of assets on oath.