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Judgment
D. Hariparanthaman, J.—The present Civil Revision Petition is filed against the conditional attachment made in I.A. No. 495 of 2012 in O.S. No. 124 of 2012, dated 9.10.2012.
Heard the learned Counsel on either side.
The conditional attachment under Order 38, Rule 5(3), C.P.C. was passed without complying with the provisions of Order 38, Rule 5(1), C.P.C. Such an attachment is void in view of Rule 5(4) of Order 38. On this ground alone the conditional attachment before judgment is liable to be set aside.
Furthermore, the said conditional attachment was passed when the Suit was moved 9.10.2012, without complying the provisions of Order 38, Rule 5(1), C.P.C. When the matter was listed on 8.11.2012, 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.
For all the above-said reasons, I am inclined to set aside the impugned order. Accordingly, the order dated 9.10.2012, 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.