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2010 Supreme(J&K) 618

Hasnain Massodi
Gurpreet Singh – Appellant
Versus
Ab. Gani Dar – Respondent


Advocates Appeared:
S.R. Hussain, Tassaduq Hussain Khawaja.

1. In Suit for recovery of Rs. 6,93,760, the plaintiff--respondent No. 1 herein on 20th May 2009 filed an application under Order 38 for attachment of the defendants property viz truck bearing registration No. HR-38F-5192 before the judgement. The respondent 1’s case was that the property sought to be attached before the judgement was likely to be removed by the petitioner herein and other defendants--all residents of Ludhiana Punjab, outside the jurisdiction of the Court and thus the respondent No. 1 deprived of the fruits of litigation. The respondent No. 1 insisted that he had a fool proof and winnable claim against the petitioner and other defendants and suit instituted by the respondent No. 1, was likely to be decreed in his favour.

2. The Trial Judge on 20th May 2009 after summarising the averments made in the plaint as well as the application, issued notice to the petitioner and other defendants requiring them to file their objection, if any, to the prayer made in the application and to show cause why petitioner and other defendants be not asked to furnish security to the tune of the suit amount or in alternative show cause against the attachment before the judgment of truck








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