VIJAY SOLVEX LTD Vs. GOVERDHANDAS SHIVNARAYAN & ORS

JUDGEMENT

(1.) The petitioner is aggrieved by the order dated 28.11.2013 passed by the Additional District Judge No.3, Alwar whereby the learned Judge has dismissed the application filed by the petitioner under Order 38, Rule 5 CPC and has refused to attach the property belonging to the respondent-defendants.

(2.) Mr. Amol Vyas, the learned counsel for the petitioner, has raised the following contentions before this court: firstly, once an application under Order 38, Rule 5 CPC was filed, once a categorical statement was made by the petitioner that the respondent-defendants are attempting to get rid of the property which belongs to them, once the said statement was buttressed by filing an affidavit, the learned Judge was unjustified in rejecting their application under Order 38, Rule 5 CPC.

(3.) Secondly, the learned Judge has ignored the record, namely the order-sheets of the court which clearly reveals that repeatedly the respondents had been filing applications, one after the other, thereby causing an unnecessary delay in the trial. Yet the learned Judge has observed that the respondent-defendants have not sought any unnecessary adjournment in order to delay the trial. Such an observation, according to the learned counsel, is contrary to the record of the trial court.