( 1 ) THE appellant is the defendant. The respondent laid action in the suit for specific performance of the agreement dated November 4, 1978. Pending trial, he also filed I. A. No. 594/1979 under order 38, Rules 1 to 5 of the Code of civil Procedure for attachment befroe judgment of the schedule mentioned property viz. , the subject matter of the contract and another house. The Court below passed the order against which, the present appeal has been filed. The allegation made in support of the petition is that the appellant is trying to alienate the property the subject of the contract and another property. The said allegation has been denied by the respondent. The contention of the appellant is that the suit being one for specific performance, the application under Order 38, Rule 5 does not lie. Even otherwise, there is adequate security under the Court. It is resisted by the respondent contending that in the event of the alienation being made, the third party s rights would be emerged and therefore it is a case for attachment before judgment and the Court below rightly passed the order. The question is, whether the order is legal?

( 2 ) THE object of attachment betore judgment, un

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