B.Mohan v. S.Ajiba
Case brief
What is this about?
In this civil revision petition, the High Court of Madras dismissed the petitioner's challenge to the trial court's order attaching property before judgment. The court held the trial court correctly followed Order 38 Rule 5 CPC by seeking security before attachment.
What did the court decide?
The Civil Revision Petition is dismissed with no costs.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.07.2014
CORAM :
THE HONOURABLE MS.JUSTICE R.MALA
C.R.P(PD).No.2396 of 2014 and M.P.No.1 of 2014
B.Mohan .. Petitioner
Vs.
S.Ajiba .. Respondent
Prayer :- Civil Revision Petition is filed under Article 227 of Constitution of India, against the order dated 02.12.2013 made in I.A.No.821 of 2013 in O.S.No.199 of 2013 on the file of the SubCourt, Udumalpet.
For Petitioner : Mr.N.Umapathi
O R D E R
Issues for consideration
2 issues framed by the court
Whether the revision petition against attachment before judgment warrants interference.
Whether the trial court erred in not finding a prima facie case before ordering attachment without a security bond.
Parties & counsel
- petitioner
B.Mohan
- respondent
S.Ajiba
Coram
R.MALA
Case details
As recorded by the court registry
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