Arokiyammal v. Arockiyam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 24.09.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and C.M.P.(MD)No.11473 of 2024 1.Arockiyammal 2.Jesurajan 3.Selvin Francis 4.Mariyalatha 5.Mariya Velankanni @ Kowsalya 6.Nelson Diselva ... Petitioners / Petitioners / Plaintiffs Vs.

Arockiyam ... Respondent / Respondent / Defendant Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order passed in I.A.No.1 of 2023 in O.S.No.322 of 2023 on the file of the Additional District Court, Dindigul dated 14.06.2024.

For Petitioners : Mr.D.Venkatesh For Respondent : Mr.P.M.Vishnuvarthanan 1/4

O R D E R

The plaintiffs in O.S.No.322 of 2023 on the file of the Additional District Judge, Dindigul are the revision petitioners herein. They filed I.A.No.1 of 2023 under Order 38 Rule 5 of C.P.C for attachment before Judgment. The court below vide order dated 14.06.2024 dismissed IA. Challenging the same, the civil revision petition came to be filed.

2. The case of the plaintiffs is that the defendant had executed the suit pro note in favour of their father late.Bothagar @ Vedabothagar. The defendant is said to have borrowed a sum of Rs.16,00,000/-. I wanted to know if the transaction was through the bank account. No definite answer is forthcoming. It has been consistently held that an unsecured transaction cannot be made into a secured debt by invoking Order 38 Rule 5 of C.P.C. The court below has given several good reasons for dismissing IA. Interference is not warranted under Article 227 of the Constitution of India.

3. The Civil Revision Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

24.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No rmi 2/4

To:

The Additional District Court, Dindigul.

3/4

G.R.SWAMINATHAN, J.

rmi 24.09.2024 4/4