R.C.KATHURIA, J. - (1.) PLAINTIFF -petitioner Iqbal Singh has preferred this revision petition against the order dated February 24, 2001 passed by the Civil Judge (Junior Division), Patti, whereby on an application filed by the defendant-respondents in their counter claim seeking recovery of Rs. 65,000/- along with interest from the plaintiff-petitioner, he (plaintiff-petitioner) was asked to show cause why he should not furnish security in the sum of Rs. 65,000/-.
(2.) PLAINTIFF -petitioner was running a shop in the name and style of Guru Ram Dass Kheti Store, Patti, District Amritsar. He used to purchase pesticides from the defendant-respondents during the period from January 1, 1997 to January 31, 1999. A large number of transactions for supply of pesticides had taken place between them. The plaintiff-petitioner had been making the payments from time to time to the defendant-respondents against the supply of pesticides to him. During the period in question, as the original bills were not sent to the plaintiff, a request was made by him to the defendants to supply the same and also to render the accounts so that any amount due from either of the party could be settled. It was also case of the plaintiff that he had paid advance money to the defendants and he claimed the balance amount due to him. The defendants not only failed to furnish the necessary details, but also denied to render the accounts. The defendants also tried to recover the amount from the plaintiff with the help of police and his signatures were obtained on some agreement. The suit was contested by the defendants. In reply, they admitted that the plaintiff had purchased pesticides from them on February 20, 1998 and May 19, 1998 of the value of Rs. 57,000/- and Rs. 23,890/-, respectively, out of which payment of Rs. 19,540/- was made and the balance amount of Rs. 61,350/- along with interest was still recoverable from him. Thus, they put up a counter claim of Rs. 65,000/- along with costs and future interest against the plaintiff. On the above pleadings of the parties, issues were settled and the case was posted for evidence of the plaintiff-petitioner for March 20, 2001. On February 23, 2001, the defendant-respondents filed an application under Order 38 Rule 5 and Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the Code') praying for conditional attachment of land measuring 11 Marlas belonging to the plaintiff. It was averred in the application that Manjit Kaur, co-sharer, had sold land measuring 11 Marlas out of the land measuring 3 Kanals 16 Marlas situated in Village Chuslewar, tehsil Patti, District Amritsar, details of which were mentioned in the application, to Resham Singh son of Hardip Singh. It was further pleaded in the application that said Resham Singh had also sold land measuring 11 Marlas to Iqbal Singh, plaintiff-petitioner, for which mutation No. 2842 had been sanctioned in his name. On the basis of these averments, it was pleaded by the defendant-respondents that the plaintiff-petitioner had the intention to dispose of his entire property including the land mentioned above with the sole motive to avoid payment of the amount of Rs. 65,000/- along with interest. Notice of the application was given to the plaintiff-petitioner for February 24, 2001 who contested the same and filed reply on that date. After hearing counsel for both the parties, the trial Judge passed the impugned order on February 24, 2001.
(3.) I have heard the learned counsel for the parties.;