BANT RAM Vs. INDIAN BANK

JUDGEMENT

(1.) Plaintiff-respondent filed a suit for recovery of Rs. 4,38,119/- against the petitioner and others. The plaintiff moved an application under Order 38 Rule 5 of the Code of Civil Procedure for attachment of the property of the petitioner before judgment. Trial Court on a consideration of the matter, passed the following order on 14.11.1992 :

(2.) It is this order of the trial Court which has been challenged in this petition.

(3.) After hearing learned counsel for the petitioner and having regard to the innocuous order passed by the trial Court, I see no ground to interfere therewith. The petitioner raised a loan from the plaintiff-bank after executing equitable mortgage of his property in favour of the bank. The plaintiff-bank filed suit for the recovery of money and also moved application for attachment thereof before judgment in which the above order has been passed.