The presence of prima facie evidence in a recovery suit allows for attachment before judgment under CPC without a detailed inquiry into execution validity.

JUDGMENT

Two applications were maintained in I.A.No.1/2020 and 2/2020 in O.S.No.17/2020 by the plaintiffs for attachment before judgment and for temporary injunction. Both the applications were dismissed by the trial court, against which the plaintiffs/petitioners came up.

2. The suit is one for recovery of money based on a cheque, which comes to Rs.30,37,172/-. The cheque was issued under a settlement dated 30/04/2020. The original cheque was produced. What is raised against the said applications is the bar of limitation and also disputing the due execution.

3. In the instant case, the original of the cheque was produced, which contains a signature as that of the drawer. Admittedly, it was drawn from the account maintained by the first defendant. Then it is a matter of evidence and when there is prima facie evidence in support of the claim of plaintiff coupled with any of the grounds enumerated under Order XXXVIII C.P.C., the court is not expected to conduct a roving enquiry causing prejudice to the parties, except when there is a claim petition, which has to be disposed of in accordance with the mandate under Order XXI Rule 58 C.P.C.. Hence, the dismissal of attachment application cannot be sustained. The same will stand set aside restoring the attachment before judgment over the property scheduled. It is not at all necessary to pass any injunction order under Order XXXIX C.P.C. Hence, the dismissal of the other application will stand confirmed.

In the result, F.A.O. No.106/2020 will stand allowed and F.A.O.No.105/2020 will stand dismissed accordingly. The trial court shall expedite the disposal of the suit within six months from the date of receipt of a copy of this judgment.