JAGGAR SINGH Vs. BHAGWANT RAI

JUDGEMENT

(1.) THE trial court declined to attach the property on cause being shown by the defendant and consequently dismissed the application under Order 38 Rule 5 CPC, the appeal against which was preferred and accepted by the learned District Judge, Sangrur.

(2.) IT has been observed in case Saseendran v. Sadanandan, 2004 (1) ICC 306 that dismissal of the application without any attachment already effected, could not be said to be an order under Order 38 Rule 6 (2) CPC, therefore, no appeal is maintainable. The court further observed as under :-