P.K. Roy, J.

The defendants of Money Suit No.5 of 2001 of the Court of learned Civil Judge (Senior Division), 3rd Court at Alipore have assailed the order dated 16th July, 2001 passed by the said Court whereby and whereunder the application filed by the plaintiff under Order 38 Rule 5 of the Code of Civil Procedure for attachment of the defendants' property before judgment was allowed upon directing attachment of Schedule 'D' property before judgment and order restraining the defendants from selling, transferring or alienating of the properties mentioned in the schedule of the plaint was passed. The learned Advocate for the petitioners Mr. Sudhis Dasgupta, Senior Counsel submits that condition precedent of applicability of such provision on the facts situation of the matter is absent. It is further submitted that in the application there was no materials as would vest jurisdiction upon the learned Court below to decide the said issue inasmuch as the paragraph 38 being the only paragraph, which dealt with the conditions under the said provision is vague as sources were not disclosed and informations also were not properly made and in that view of the matter there was no mater