JUDGEMENT

This Civil Miscellaneous Appeal is filed against the Fair and Decreetal order, dated 16.03.2023 in I.A.No.2 of 2022 in O.S.No.143 of 2020 on the file of the Additional District Judge, Karur.

2. The defendant is the Appellant herein and the plaintiff is the respondent herein. For the sake of convenience, the contesting parties shall be referred to as Plaintiff and Defendant. The defendant herein has preferred this Appeal against the order passed by the Court below for “attachment before the Judgment”.

3. The contention of the appellant is that he has filed an undertaking affidavit stating that he would not alienate the property. He further submitted that he had provided Form VI, furnishing of security. Without considering the same, the Trial Court has passed an order for “attachment before the Judgment”.

4. The Learned Counsel appearing for the Appellant relied on the Judgment rendered by the Hon'ble Supreme Court in the case of Raman Tech and Process Engg. Co. & Another Vs. Solanki Traders, dated 20.11.2007.

The relevant portion is extracted here under:

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“The power under Order 38 Rule 5 CPC is drastic and extraordinary power. Such power should not be exercised mechanically or