- (1.) Present petition is challenge to the order dated 19.10.2012, passed by learned Civil Judge (Junior Division), Amloh, whereby application filed under Order 38, Rule 5 read with Section 151 CPC for attachment, before the judgment, of the land of the defendants, was dismissed.
(2.) Relevant facts of the case that present petitioner (plaintiff) had filed civil suit for recovery of Rs. 17,69,206/- against the respondents and an application under Order 38, Rule 5 read with Section 151 CPC was filed for passing order for attachment of property of the defendants during the pendency of litigation. The grounds taken in the application were that the defendants entered into an agreement of sale with one Paramjit Singh son of Money Singh and also intending to create charge over the said land to which they have no right, title or authority. Plaintiff had made request to the defendants to refrain from doing such acts and as such necessity of application under Order 38, Rule 5 CPC.
(3.) Notice of the application was given to the respondent/defendants, who filed a detailed reply and inter-alia taken the plea that suit for recovery was without any merit and was likely to be dismissed. More so, the property, for which attachment before judgment has been sought, has already been mortgaged with the bank and the bank has got first charge over the property. So the property could not be sold till the charge of the bank is removed. The Court below dismissed the application filed for attachment of property of the defendants before the judgment.;