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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE SYAM KUMAR V.M., J
Rajendran, S/o. Narayanan – Appellant
Versus
Reshny, W/o. Muralidharan – Respondent
JUDGMENT :
(SYAM KUMAR V.M., J.)
Dated this the 2nd day of May, 2025 This appeal is filed against the order dated 18.03.2024 in I.A. No. 8 of 2024 in O.S. No. 27 of 2021 of the Sub Court, Mavelikara. Appellant was the counter petitioner in the I.A and defendant in the suit. The respondent was the petitioner in the I.A. and plaintiff in the suit. Parties are referred to hereinafter as per their status in the suit.
2. The suit was filed by the plaintiff for realization of Rs. 20,00,500/- with interest from the defendant by charging upon his assets. The case of the plaintiff is that the defendant and his wife are conducting a private school. For the development of the school, they borrowed money from the plaintiff. On 25.09.2017, an amount of Rs.17,50,000/- was borrowed and an agreement was executed by the defendant in favour of the plaintiff stipulating the terms of repayment and interest. However, the said agreement was breached by the defendant and amounts due were not paid to the plaintiff. A legal notice was issued by the plaintiff to the defendant demanding principal amount and balance interest. However, the defendant did not settle the outstanding. Hence, the suit was filed. A pet
Attachment before judgment requires strict compliance with procedural mandates; failure to do so renders the order unsustainable.
Recovery of amount – Attachment of property – Void as the property subject matter of the suit not standing in the name of the first defendant, as the entire claim in the suit was against the first de....
It is settled law that power under Order 38 Rule 5 of CPC is drastic and extraordinary power.
The appeal under Order 38 Rule 5 of the CPC is maintainable when conditional attachment is involved, ensuring proper legal mechanisms for securing claims.
The court emphasizes the necessity of establishing a prima facie case before granting a conditional attachment under Order XXXVIII Rule 5 CPC.
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