Trial court is well within its jurisdiction to pass conditional order of attachment even while issuing notice in Interlocutory application In suit based on Promissory Note.

Citation

2000 (2) CTC 13 (Mad)

IN THE HIGH COURT OF MADRAS

K. Sampath, 1.

C.M.A. No 369 of 1993.

D.V. Raghavan

Aj. Suresh Kumar and Another

December 08, 1999

Code of Civil Procedure, 1908, Order 38, Rule 5-Ex parteconditional order of attachment Whether can be passed- Trial court is well within its jurisdiction to pass conditional order of attachment even while issuing notice in Interlocutory application In suit based on Promissory Note trial court passed conditional order of attachment directing deposit of Rs.75,000 failing which attachment was ordered- Validity of the order was challenged-On appeal it was held that such exparte order of conditional attachment can be passed.. [Para 14]