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VIKAS BAHL
Jatinder Arora – Appellant
Versus
Amit Mehta – Respondent
| Table of Content |
|---|
| 1. jurisdiction of the high court under article 227. (Para 1 , 2) |
| 2. petitioner's failure to provide supporting documents. (Para 3 , 4) |
| 3. dispute over property ownership and locus standi. (Para 5) |
| 4. prima facie case favoring the respondent. (Para 6) |
| 5. dismissal of the revision petition. (Para 7) |
JUDGMENT :
Vikas Bahl, J.
Present revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 06.11.2024 (Annexure P-4) passed by the Civil Judge (Senior Division), Ludhiana in Civil Suit No.3380 of 2023 titled as “Amit Mehta Vs. Jatinder Arora”, whereby the application filed by the respondent under Order 38 Rule 5 CPC has been allowed and the petitioner was directed to furnish security in the shape of “surety bond” to the tune of Rs.13,00,000/-.
2. On a pointed query raised by this Court with respect to what transpired subsequent to the order dated 06.11.2024 and as to why the petitioner has approached the Court after a delay of more than three months, more so, when the impugned order dated 06.11.2024, reads as under:-
A petitioner failing to challenge property ownership claims cannot contest an attachment order, especially when a prima facie case exists for such action.
The Court's decision emphasized the principle that in an application for attachment before judgment, the Court needs to form a prima facie opinion to secure the plaintiff's interest, and the defendan....
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....
LAW POINTScope of investigation – Court cannot reject a claim without adjudication merely on the ground that question of title or possession is doubtful or complicated in nature.
Attachment before judgment cannot be ordered against third parties not involved in the suit proceedings, ensuring adherence to due legal process.
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