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1988 DIGILAW 1217 (ALL)

Punjab National Bank v. Jitendra Jain

1988-12-23

B.L.YADAV, K.C.AGGARWAL

body1988
ORDER Aggarwal and Yadav, JJ. - This appeal under Order 43, Rule 1(q) of the Civil Procedure Code has been filed by the Punjab National Bank against the order of the Court below dated 30.8.1988. 2. On 27.5.1988 the Court below had passed an order under Order 38, Rule 5 of the Code directing attachment of immovable property belonging to the respondents. Subsequently, the respondents appeared and showed cause against the attachment. However, the Court below without applying its mind to the controversy, whether the case is fit one for withdrawal of the attachment or not, granted time to the respondents to furnish security. The Court thought that it was empowered under Order 38, Rule 6(2) of the Code to give time for furnishing security. As against this order the present appeal has been filed. 3. Order 38, Rule 6(1) reads as under : "Where the defendant shows such cause or furnishes the required security and the property specified or any portion of it has been attached the Court shall order the attachment to be withdrawn, or make such other order as it thinks fit." From the above, it is clear that unless security had been furnished, attachment could not be withdrawn. The Court below was obviously wrong in making an order to that effect. 4. Consequently, we allow this appeal, set aside the order of the Court below and direct it that on furnishing security by the defendant, it would be entitled to withdraw the attachment but not before.