In a civil revision petition filed under Article 227 against a docket order dismissing an application for attachment before judgment, the High Court held that the lower court's discretion was not affected by any manifest illegality, thus dismissing the revision.
Civil Revision Petition dismissed; no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE A.GOPAL REDDY CIVIL REVISION PETITION No.1343 of 2008
ORDER:
This Civil Revision Petition is filed under Article 227 of the Constitution of India against the docket order dated 12.10.2007 passed by the III Additional Senior Civil Judge, Vijayawada in I.A.No.162 of 2007 in O.S.No.390 of 2007.
The petitioner/plaintiff filed the suit for recovery of amount on the basis of the suit promissory note. Pending the suit, she filed the present Interlocutory Application for issuing directions to the respondents-defendants to furnish security for the suit debt, and to attach the petition schedule house property before judgment, if they fail to furnish the security.
The Court below by docket order dated 19.04.2007 ordered conditional attachment before judgment under Order XXXVIII Rule 5 C.P.C directing the respondents to produce third party security within 48 hours, failing which, attachment before judgment attaching the petition schedule property will be ordered. On receiving the notice, the respondents appeared before the Court below and filed counter. But, the Court below by the impugned docket order dated 12.10.2007 dismissed the I.A holding that no material was placed on record to show that the respondents were trying to alienate the property; that the suit debt under the promissory note is only for Rs.1,21,194/-, whereas the value of the house sought for attachment is more than Rs.50,00,000/- and that in the absence of any material placed before the Court to convince that the respondents cannot discharge the suit debt in the event of suit is being decreed, it is not a fit case for ordering attachment.
The discretion exercised by the Court below in dismissing the Interlocutory Application, does not suffer from any manifest illegality warranting correction under Article 227 of the Constitution of India.
The Civil Revision Petition is accordingly dismissed. There
shall be no order as to costs.
_____________________ A. GOPAL REDDY, J Date: 04.02.2011 va
2 issues framed by the court
Whether the discretion exercised by the court below in dismissing the interlocutory application for attachment before judgment suffers from any manifest illegality warranting correction under Article
Whether the valuation disparity between the suit debt and the property value precludes ordering attachment before judgment in the absence of material showing alienation of property.
2 provisions across 2 enactments
PETITIONER/PLAINTIFF
RESPONDENTS/DEFENDANTS
A. GOPAL REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
