VIDYA DEVI Vs. HARISH CHANDER

JUDGEMENT

(1.) THIS -revision petition is directed against the order dated: 10th of August 1967 passed by the learned District Judge, Jammu, whereby he has set aside the order of the trial court in proceedings relating to attachment before judgment.

(2.) IT appears that in a suit for the recovery of arrears of rent, an application for attachment before judgment supported by an affidavit was also moved in the trial court of the Sub -Registrar Munsiff, Jammu. It was alleged in the said application that the defendants had no immovable property within the local limits of the jurisdiction of the court and that they had closed their business and locked the premises and had, in fact, left the State. That the defendants with intent to obstruct or delay the execution of the decree that may be passed against them were about to dispose of their parts of the property and in these circumstances it was prayed that a warrant of attachment before judgment be issued against them. The trial court passed an order of attachment before judgment and directed that if the defendants failed to furnish security in terms of the suit money and costs thereof, attachment should be made forthwith. The said order of the court was executed. Against this order the defendants respondants went up in appeal before the District Judge, Jammu. The learned District Judge by his order set aside the order of the court BELOW and remanded the case (relating to attachment before judgment) for fresh hearing. The learned District Judge observed in his order that the allegations made in the applications for attachment before judgment were vague and that no show cause notice was served upon the defendants. Therefore, the order passed by the trial court was not sustainable in the eye of law. Against this order the plaintiff applicant has come up in revision before this court.

(3.) I have heard the arguments in the case and have gone through the file.