KALULAL Vs. SHRI NARAIN

JUDGEMENT

(1.) THIS appeal arises out of an application under O. 38, R. 5 C.P.C.

(2.) THE plaintiffs brought suit on 27th November, 1948 against Kalulal and others for recovery of a sum of Rs. 9963/10/- in the court of the District Judge, Kishangarh. THE defendants denied the plaintiffs' claim. An application was filed by the plaintiff Shri Narain on 18th June, 1949 alleging that the defendants had mortgaged their property situated at Madan-ganj to Radha Mohan Shridhar and that they were also about to dispose of their property situated at Singara by way of sale with intent to obstruct the execution of any decree that might be passed against them in the suit and to deprive the plaintiffs of the fruits of such a decree. It was, therefore, prayed that the Singara property be attached before judgment. This application was accompanied by an affidavit. THE District Judge Kishan-garh ordered this application to be put upon the date of hearing of the case, the 28th June, 1949. But on 21th June, 1949 the plaintiffs presented another application by way of reminder praying that orders on his previous application be passed as the defendants were about to alienate their property. Upon this application the District Judge on that very day passed an order in the following terms: - ".........As the applicant has stated in the affidavit that the defendants had mortgaged their Madanganj property and are about to dispose of their property situated at Singara the Singara property may be-attached & security be taken. It is hereby ordered that a warrant of attachment before judgment under O. 38, R. 5 C.P.C. be issued."