SH. IQBAL SINGH Vs. SH. SANTOKH SINGH

JUDGEMENT

(1.) THE Petitioner filed a suit for recovery of money. During its pendency he made an application under Order XXXVIII, Rule 5, Code of Civil Procedure (for short 'the Code') for attachment of property of the Defendant -Respondent before judgment which was allowed and the property of the Respondent was attached. The suit was ultimately decreed on 12.9.1987. The Respondent filed an appeal against that decree. The learned Appellate Court stayed the execution of the decree on the condition that the Respondent furnished security in the trial Court for its satisfaction. The security was duly furnished by the Respondent.

(2.) THE Respondent made an application before the trial Court that since he had furnished security in compliance with the orders of the Appellate Court, the attachment of his property effected before judgment should be withdrawn. This application of the Respondent has been allowed by the learned trial court vide order dated 18.2.1988. The Petitioner is aggrieved against this order and has approached this Court by way of the present revision petition.

(3.) CONSEQUENTLY , this revision petition is allowed without any order as to costs, and the order dated 18 -2 -1988 passed by the learned Sub -Judge Ist Class, Ludhiana, is set aside.