Condl. No. 125/2009

1. On the no objection of learned counsel for the respondent, this application is allowed, delay in filing the revision petition is condoned and revision petition is taken up for consideration.

C. Revision no. 10/2009

2. Petitioner has filed a suit for recovery of Rs. 52,03,865/- under Order 37 of the Code of Civil Procedure before learned Additional District Judge Kathua. An application for attachment of the property before judgment was filed during the pendency of the suit. The trial Court passed the following order on 20.04.2007 in the said application:-

"Issue notice to other side to show cause why plots G-4 & 5 situated at Ind. Area Bhilwara (Raj) be not attached & put up for their objections on 05.05.2007. Meanwhile the other side is temporarily restrained from alienating or transferring the same to any body whosoever till next hearing."

3. An application came to be filed by M/S Radha Krishna Sutz Pvt. Ltd. for being impleaded as party-defendant to the suit. This plea of the applicant to intervene in the application of the plaintiff filed under Order 38 Rule 5 of the Code of Civil Procedure was allowed, however, it was not impleaded as a party-defendant to the

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