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1974 Supreme(Del) 89

YOGESHWAR DAYAL
HARI SHANKAR – Appellant
Versus
BHOORI DEVI – Respondent


Advocates Appeared:
R.P.Jain, SULTAN SINGH

Yogeshwar Dayal

( 1 ) THIS is a petition for revision against the order of the trial court dated 28th July, 1973, holding that the plaintiff has proved the case for attachment before judgment and has allowed an application dated 11th September, 1972, directing the defendant petitioner to furnish security in the sum of Rs 15,000/ by 20th August, 1973, and Failing in it, the petitioner s property mentioned in the application that is jewellery at his shop situated at Bhiwani worth Rs. 15,000. 00 was to be attached before judgment. The defendant petitioner being aggrieved has come to this. Court for setting aside the afore- said order. To appreciate the contentions of the parties, it is necessary to state a few facts.

( 2 ) ON 11th September. 1972, the present suit was filed for recovery of Rs. 10,8 00. 00 under the sumnury procedure of Order 37 of the Code of Civil Procedure, and along with it the aforesaid application for attachment bifore judgment was also filed under Order 38 Rule 5 of the Code of Civil Procedure. On the defendant-petitioner being served, he filed an application on 21st September for leave to defend the suit and contended that the document on which th3 suit had been







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