ORDER :- The plaintiff is the petitioner before this court and the defendant is the respondent. The petitioner filed a suit against the respondent for recovery of certain amounts due on account of dealings which the respondent had with the petitioner. The petitioner filed a petition under O.38, R.5, C.P.C. for attachment before judgement of the amounts due to the respondent and lying with the Executive Engineer-cum-Administrative Officer, Tamil Nadu Housing Board, Vellore. Attachment before judgement was ordered by the vacation court, without asking for security from the respondent or asking the respondent to show cause why he should not furnish security as contemplated under O.38, R.5(1), C.P.C. On contest by the respondent, the court held that the attachment effected is void as it has been done in non-compliance of O.38, R. 5(1), C.P.C. and there are no supporting affidavits from third parties to show that the respondent is attempting to defraud his creditors by any overt act. On this finding, the attachment effected was raised. The petitioner has hence filed the civil revision petition before this court.

2. The learned counsel for the petitioner contended that though the