Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ROMESH VERMA
Surender Kumar – Appellant
Versus
Pankaj Bansal – Respondent
JUDGMENT :
Romesh Verma, J.
Since common question of law and facts are involved in these petitions (CMPMO Nos. 173/2023 & 238/2025), therefore, they were taken up together for hearing and are being disposed of by common judgment. However, to maintain clarity, facts of CMPMO No. 173/2023 are taken into consideration in detail at first.
CMPMO No. 173/2023
2 By medium of CMPMO No. 173/2023, the petitioner/defendant, has laid challenge to the order dated 24.2.2023, as passed by the learned Civil Judge, Court No. II, Solan, District Solan, whereby an application filed by the plaintiffs/respondents under the provisions of Order 38 Rule 5 read with Section 151 CPC, in Civil Suit No. 37/2018, has been allowed and the defendant/petitioner has been directed to furnish security to the amount of Rs.8,73,183/- on or before 25.3.2023, failing which the share of defendant/petitioner in his building, at ground floor, shop No. 3, situated at Mauja Jawahar Park Solan will be attached.
3 The plaintiffs/respondents filed a suit (Civil Suit No. 37/2018) against the defendant/petitioner for recovery of Rs. 8,73,183/- as arrears of rent and interest thereupon upto 28.2.2018 and further future interest @ 12%
A court may order a defendant to furnish security to prevent them from obstructing enforcement of potential judgments, contingent upon establishing a prima facie case.
It is settled law that power under Order 38 Rule 5 of CPC is drastic and extraordinary power.
The court emphasized that attachment before judgment requires credible evidence of intent to obstruct execution, and failure to consider relevant documents constitutes a jurisdictional error.
Satisfaction of the Court is a pre-requisite for grant of conditional attachment under Order XXXVIII, Rule 5 of CPC. Failure to comply with the requirements of Order XXXVIII, Rule 5 of CPC renders th....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
