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(cid:1)(cid:2)(cid:3)(cid:4)(cid:5)(cid:5)(cid:6)(cid:3)(cid:7)(cid:8)(cid:7)(cid:9)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

(118)

CR-1883-2026

Date of Decision:-21.04.2026

Daljit Kaur

……Petitioner

Versus

Amarjit Singh and Another

……Respondents

CORAM: HON’BLE MR. JUSTICE AMARINDER SINGH GREWAL

****

Present: Mr. Surinder Garg, Advocate,

for the petitioner.

****

AMARINDER SINGH GREWAL, J. (Oral)

1. The present revision petition has been filed under Article 227

of the Constitution of India, seeking setting aside of the order dated

05.01.2026 (Annexure P-7), passed by the learned Additional Civil Judge

(Senior Division), Faridkot, whereby the application filed by respondent

No.1 under Order XXXVIII Rule 5 CPC has been allowed and the land of

the petitioner has been ordered to be attached.

2. Brief facts of the case are that respondent No.1 filed a civil suit

against the petitioner for recovery of ₹24,17,256/-. In the said suit, the

petitioner filed a written statement, to which respondent No.1 filed a

replication. During the pendency of the suit, respondent No.1 moved an

application under Order XXXVIII Rule 5 CPC seeking attachment of the

petitioner’s agricultural land. Vide the impugned order dated 05.01.2026,

the learned trial Court allowed the said application and ordered attachment

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SHUBHAM

2026.04.22 14:56

I attest to the accuracy and

authenticity of this document/order

(cid:1)(cid:2)(cid:3)(cid:4)(cid:5)(cid:5)(cid:6)(cid:3)(cid:7)(cid:8)(cid:7)(cid:9)

of the petitioner’s property till final disposal of the suit. Hence, the present

petition.

3. Learned counsel for the petitioner submits that the respondent

filed the suit for recovery of ₹24,17,256/-, comprising ₹15,00,000/- as

principal amount and ₹9,17,256/- as interest. He further submits that the

property attached by the learned trial Court is valued in crores. To

substantiate this contention, he has placed on record quotations/estimated

market value of the attached immovable property, which reflect its value as

₹1,10,62,500/-. It is, therefore, prayed that only such portion of the

petitioner’s property be attached as would be commensurate with the suit

amount.

4. I have heard learned counsel for the petitioner at length and

have perused the paper book.

5. In view of the nature of the order proposed to be passed,

issuance of notice to the respondents is dispensed with, as the same would

only delay the proceedings and entail unnecessary expense.

6. Considering the averments made in the petition as well as the

submissions advanced by learned counsel for the petitioner, the present

revision petition is disposed of without expressing any opinion on the

merits of the case. The impugned order dated 05.01.2026 passed by the

learned Additional Civil Judge (Senior Division), Faridkot, is hereby set

aside. The learned trial Court is directed to pass a fresh order regarding

attachment of the petitioner’s property, ensuring that only such portion

thereof is attached as is sufficient to cover the suit amount.

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SHUBHAM

2026.04.22 14:56

I attest to the accuracy and

authenticity of this document/order

(cid:1)(cid:2)(cid:3)(cid:4)(cid:5)(cid:5)(cid:6)(cid:3)(cid:7)(cid:8)(cid:7)(cid:9)

7. The Registry is directed to forward a copy of this order to the

learned Additional Civil Judge (Senior Division), Faridkot, for immediate

compliance.

8. Pending application(s), if any, shall also stand disposed of.

(AMARINDER SINGH GREWAL)

JUDGE

21.04.2026

Shubham

Whether speaking/reasoned:- Yes/No

Whether Reportable:- Yes/No

-3-

SHUBHAM

2026.04.22 14:56

I attest to the accuracy and

authenticity of this document/order