M NOUSHED SAIT Vs. P ETHIRAJ

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed against the order, dated 31.3.2009, made in I.A.No.1492 of 2008, in O.S.No.888 of 2008.

(2.) THE plaintiff in the suit, in O.S.No.888 of 2008, is the petitioner in the present Civil Revision Petition. THE petitioner had filed the suit against the defendant, who is the respondent herein, claiming an amount of Rs.26,28,626/- based on the three promissory notes, dated 13.6.2007, 17.7.2007 and 28.4.2008, issued by the defendant in favour of the plaintiff. THE petitioner herein had filed an interlocutory application, in I.A.No.1492 of 2008, along with the suit, in O.S.No.888 of 2008, on the file of the first Additional District Judge, Coimbatore, to direct the respondent to furnish sufficient security for the suit claim, on or before a specified date and on failure thereof, order attachment of the immovable petition mentioned property before judgment, pending disposal of the suit under Order 38 Rule 5 of the Civil Procedure Code, 1908.

(3.) THEREAFTER, on 15.2.2010, this Court had passed an order, which is as follows: