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 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.

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