CRP/6027/2026 of Anitha Vs Haproe J.V.Kumar on 9 October 2026

ORDER

This civil revision petition has been filed under Article 227 of the Constitution of India against the order dated 02.06.2026 passed in I.A.No.3 of 2025 in O.S.No.153 of 2023 by the Sub Court, Alandur, wherein the application filed by the petitioner/plaintiff under Order XXXVIII Rule 5 CPC for passing an order of attachment before judgment, came to be rejected by the Court below.

2. Heard learned counsel for petitioner and carefully perused the materials available on record. This Court also went through the impugned order.

3. The petitioner is the plaintiff, who filed the suit in O.S.No.153 of 2023 seeking for the relief of recovery of money against the respondents/defendants. The pleadings were complete and the suit was at the stage of framing of issues. At that stage, the petitioner/plaintiff filed an application in I.A.No.3 of 2025 in O.S.No.153 of 2023 under Order XXXVIII Rule 5 CPC for attachment of movables before judgment. The Court below dismissed the application. Aggrieved by the same, the present revision has been filed.

4. The petitioner, in the affidavit filed in support of the application, has made the following averments to justify attachment before judgment: “10. As the defendant is closing down the business and moving away from the jurisdiction of this Honourable Court even after obtaining a decree for money, the petitioner/plaintiff herein could be able to recover money, therefore in the interest of justice, the balance of convenience and the comparative hardship being in favour of the petitioner/plaintiff, the furniture, electronic items and fixtures are too attached. On failure of the Respondent/Defendant in furnish security for the suit claim.”

5. It is now too well settled that when the petitioner/plaintiff seeks for the relief of attachment before judgment under Order XXXVIII Rule 5 CPC, the petitioner/plaintiff is expected to give necessary particulars to justify such attachment and an order of attachment before judgment is a drastic and extraordinary remedy, which cannot be exercised mechanically or for a mere asking. Useful reference can be made to the judgments of the Division Bench of this Court in M.K.Hariprasad and another v. Uma Keshav [2010 (1) MWN (Civil) 432] and Global Plastics and others v. T.K.K.N.N.Vysya Charities [2019 (2) MWN (Civil) 409].

6. The averment made in the affidavit filed in support of the application has been extracted supra. The said averment does not provide any particulars and there is only a bald allegation that the respondents/defendants are closing down the business and will move away from the jurisdiction of the Court. This averment is far from satisfactory to pass an order of attachment before judgment. In view of the above, this Court does not find any ground to interfere with the order passed by the Court below. Accordingly, this civil revision petition is dismissed. Considering the fact that the pleadings are complete, there shall be a direction to the Sub Court, Alandur, to dispose of the suit in O.S.No.153 of 2023 within a period of four (4) months from the date of receipt of a copy of this order. No costs. 08-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No gm

N.ANAND VENKATESH, J. gm To The Sub Court, Alandur. Civil Revision Petition No.6027 of 2026 08-10-2026