NEMICHAND Vs. ATUL ENTERPRISES

JUDGEMENT

(1.) M/s. Atul Enterprises filed a suit against Pukh Raj for recovery of Rs. 57,360/- towards the remaining price of the cloth supplied. An application under Order 38 Rule 5 read with Order 39 and Section 151 CPC was filed on which the trial court attached before judgment plot No. E-54, Ist phase, Industrial Area, Balotra. When Nemi Chand, brother of Pukh Raj came to know of the order of attachment, he filed an application before the trial court for cancelling the order on the ground that Pukh Raj had no concern with that plot and it belonged to him. The trial court dismissed this application with the observations that no such application was maintainable. This is revision by Nemi Chand against that order.

(2.) ON a consideration of the matter, I am of the view that opportunity had to be granted to Nemi Chand to show that Pukh Raj had no concern with the attached property and if Nemi Chand was successful, it was the duty of the trial court to lift the attachment and if Nemi Chand failed to prove that, the order of attachment would have continued.

(3.) THE revision petition is disposed of as aforesaid. .