1. - This writ petition is directed against the order dated 25.11.2008 whereby the learned trial Court rejected the application of the plaintiff - petitioner under Order 38 Rule 1 C.P.C. seeking attachment of the property in question before judgment. The learned trial Court has also rejected the prayer of the plaintiff- petitioner to implead the purchaser of the property in question under sale-deed Annex.3 dated 20.8.2007.

2. The learned counsel for the plaintiff - petitioner Mr. Om Mehta relying on decision of Bombay High Court in the case of SBI Home Finance Limited v. Credential Finance Ltd. reported in AIR 2001 Bombay 179 , urged that during the pendency of said application, which was filed by the plaintiff - petitioner on 31.7.2007, reply to which was made by the defendant before the learned trial Court on 16.11.2007, in which the defendant stated in para 1 and 3 of the said reply that he is residing in said property situated at village Sarat, which is his ancestral village and property and he does not intend to sell the said property, whereas the fact is that the said defendant Jamat Raj had already sold the suit property in question to one Vijay Kumar by registered