N.D.OJHA, J. - (1.) This is defendant's first appeal against the order dated 13th August 1985 passed by the Civil Judge (II) Gorakhpur directing the appellant to furnish security in the sum of Rs. 7,00,000/- and to attach his properties before judgment in the event of his failure to furnish security within the time allowed.
(2.) The facts giving rise to this appeal are that the plaintiff-respondents instituted a suit for recovery of Rs. 7,00,000 against the appellant. They also made an application under O. 38, R. 5 of the Civil P. C. for attaching certain properties of the appellant before judgment on the ground that he was about to dispose of his properties with intent to obstruct or delay the execution of any decree that may be passed against him. This application was contested by the appellant, but was allowed by the order appealed against.
(3.) It has been contended by the learned counsel for the appellant that the order passed by the trial Court is based on no evidence inasmuch as the affidavit filed in support of the application for attachment before judgment containing assertion that the appellant was about to dispose of his properties with intent to obstruct or delay the execution of the decree, was not properly sworn and was not at all an affidavit in the eye of law.;