- (1.) The appellants are the defendants in O.S. No. 143/2000 on the file of the Civil Judge Junior Division, Medchal, filed by the respondent for recovery of Rs. 99200/- towards supply of material.
(2.) The plaintiff moved an application under Order 38 Rule 5 CPC praying for a direction to defendants to furnish security for the suit claim and if they failed to do so, for attachment before judgment. The Trial Court by its order dated 4.8.2000 dismissed the said application. It noted that though the plaintiff alleged that two post dated cheques given by the defendants towards payment of the bill amounts were dishonoured, it had neither disclosed the particulars of the said cheques, nor the dates of dishonour. It was of the view that merely making a bald statement that Rs. 99,200/- was due from the defendants was not sufficient to make out prima facie case, when defendants had denied the suit claim.
(3.) The said order was challenged in revision by the plaintiff. Before the High Court, the plaintiff pointed out that the trial court had ignored its averment that defendants had removed their name board and were removing their machinery from the jurisdiction of the court. The plaintiff also produced a copy of the writ petition (WP No. 11855/2000) filed by the defendants to restrain the police from interfering with the shifting of their assets from their business premises to another premises. The High Court allowed the revision petition by order dated 13.10.2000, being of the view that the trial court ought to have taken note of the fact that defendants were trying to remove the machinery. It directed defendants to furnish security for the suit amount to the satisfaction of the court within four weeks. The said order is challenged in this appeal by special leave.;