( 1 ) THE appeal lie in a short compass. The respondent-plaintiff filed the present suit for recovery of Rs. 1,24,000. 00 and along with the plaint, he also filed an application under Order 3 8 Rule 5 read with order 39 Rule 1 and 2 Civil Procedure Code for attachment before judgment of amounts due to the defendant and lying with the Chief Engineer Hydro Electric Project, Tankpur, District, Nainital (U. P. ). The defendant- appellant contested that application and inspite of such contest, the learned Trial Court directed the defendant to furnish security for due performance of decree likely to be passed and if the security was not furnished the amounts lying with the Chief Engineer at Tanakpur will remained attached under Order 38 Rule 5 Civil Procedure Code. This appeal is directed against the said order.

( 2 ) LEARNED counsel for the appellant contended that apart from the allegations that the defendant is winding up his work at Tanakpur site and is trying to dispose of the property and the machinery and is also trying to collect payment due from the Chief Engineer, Tanakpur with a view to defeat the plaintiffs claim, no attempt was made to substantiate before th