RAJESH BINDAL,J - (1.) THIS is bunch of four petitions, filed under Article 227 of the Constitution of India, challenging the order passed under Order 38 Rule 5 read with Section 151 of the Code of Civil Procedure, for attachment of the property before the judgments in four suits filed by the respective respondents.
(2.) FACTS have been noticed from Civil Revision No. 176 of 2007. Briefly the facts, as mentioned in the petition, are that respondent/plaintiff filed a suit for recovery against the petitioner. Petitioner-defendants put in his appearance after service. During the pendency of suit, respondent-plaintiff moved an application under Order 38 Rule 5 read with Section 151 of the Code of Civil Procedure praying for a direction to the petitioner to furnish security or for attachment of the properties mentioned in the application before the judgment, so as to secure the interest of respondent-plaintiff.
(3.) AFTER hearing learned counsel for the parties, learned Additional Civil Judge (Senior Division), Patti accepted the prayer made by the respondent- plaintiff by passing the following orders :- "I have perused the documents and appreciated the contentions raised by both the counsel for the parties. I am of the view that plaintiffs are prima facie entitled to recover an amount of Rs. 1,57,500/- as principal and Rs. 14, 175/- as interest on the said amount. The defendants are yet to bring on record as to how much money, they claimed from the plaintiff and the counter claim in rendition of accounts. Therefore, in case, defendants dispose of whole of the property of plaintiff during the pendency of the present suit and the plaintiff becomes entitled for recovery of the suit amount then it would become very difficult for the plaintiff to recover the said amount alongwith interest from the defendants. In that eventuality, the plaintiff would suffer irreparable loss in terms of money which would not be compensated in terms of money. Therefore, a prima facie case is made out for grant of ad- interim injunction. The application for grant of ad-interim injunction is allowed. The defendants would seek prior permission of the court before disposing of his property, so that subsequent vendees be brought on record. This order or mine shall not effect the case on merits." ;