Judgment :- 1. The present civil revision petition is filed against the conditional attachment made in A.No.495 of 2012 in O.S.No.124 of 2012, dated 09.10.2012. 2. Heard the learned counsel on either side. 3. The conditional attachment under Order XXXVIII Rule 5(3) CPC was passed without complying with the provisions of Order XXXVIII Rule 5(1) CPC. Such an attachment is void in view of Rule 5(4) of order XXXVIII. On this ground alone the conditional attachment before judgment is liable to be set aside. 4. Furthermore, the said conditional attachment was passed when the suit was moved 09.10.2012, without complying the provisions of Order XXXVIII Rule 5(1) CPC. When the matter was listed on 08.11.2012, an undertaking was given by the defendant that he will not alienate the schedule mentioned property. That apart, the defendant is an educational institution imparting higher education in engineering. 5. For all the above-said reasons, I am inclined to set aside the impugned order. Accordingly, the order dated 09.10.2012, made in I.A.No.495 of 2012 in O.S.No.124 of 2012 is set aside and the civil revision petition is allowed. Consequently, connected miscellaneous petitions are closed. No costs.