RAJESH KUMAR GOEL Vs. MAMTA

JUDGEMENT

(1.) THIS revision arises against the order passed by VII Assistant Judge, City Civil Court, Chennai in I.A. No. 11728 of 2014 in O.S. No. 4278 of 2014.

(2.) THE petitioner is the defendant in the suit in O.S. No. 4278 of 2014 on the file of the VII Assistant Judge, City Civil Court, Chennai. The respondent has filed the suit against the petitioner under Order 37 of C.P.C. for recovery of Rs. 6,20,000/ - on the basis of a promissory note dated 18.06.2013. In the suit, the respondent filed I.A. No. 11728 of 2014, under Order 38 Rule 5, Sections 94(b), 136 and 151 of C.P.C., seeking attachment before judgment of the property of the defendant.

(3.) THE plaintiff has further alleged that if the defendant succeeds in his attempt in disposing of the property, the plaintiff would loose the entire claim in the suit and if the property is not attached before judgment, not even a single pie can be recovered from the defendant. The trial Court by order dated 02.08.2014 issued notice to the defendant to furnish security for the suit amount on or before 22.09.2014 and also passed an interim conditional attachment till then. Aggrieved by the order, the present civil revision is filed.