Short Note : 1. The Court below will hear the defendant Suresh Chaturvedi first before passing any order on the application submitted by the plaintiff under Order 38, rule 5 of the Code of Civil Procedure and, then, if the lower Court feels that there should be an attachment before judgment, it may ask the defendant Suresh Chaturvedi to give security for the amount and on his failure to do so, the lower Court will pass an order for attachment of the disputed property. 2. So far as the order under appeal is concerned, it suffers from an infirmity, viz., that before ordering attachment, tile Court below should have given an opportunity to the other side to give security and, in case security is not given, there could be an order for attachment. Therefore, that order cannot be sustained and is set aside. Appeal allowed.