JUDGMENT

Alka Sarin, J. (Oral) - The present revision petition under Article 227 of the Constitution of India has been filed challenging the order dated 19.01.2012 (Annexure P-2) and order dated 27.09.2013 (Annexure P-3) whereby the petition filed by the defendant-petitioner herein under Section 95 of the Code of Civil Procedure, 1908 (CPC) was dismissed.

2. The facts relevant to the present lis are that the plaintiffrespondent had filed Civil Suit No.41 of 11.02.2002 against the defendantpetitioner titled as Ashok Kumar Vs. Jagtar Singh for recovery of Rs.1,83,600/-. Vide judgment and decree dated 08.06.2006 the said suit was decreed for recovery of Rs.36,000/-. The defendant-petitioner approached the Trial Court by filing a petition under Section 95 CPC for recovery of compensation to the tune of Rs.50,000/- on the ground that the application for attachment of his property before the judgment was filed on insufficient grounds. It is apt to note that as is clear from the impugned order, Annexure P-2, the Court on an application under Order 39 Rules 1 and 2 CPC and Order 38 Rule 5 CPC ordered the attachment of the property granting liberty to furnish security to the tune of Rs.2,00,0