The instant civil revision is directed against the order dated 14.10.2010 passed by the learned trial Court Bahawalpur by way of which application U/O XXXVIII, Rule 5 and 6 filed by the petitioner was dismissed. Hence this civil revision.
2. Brief facts of the case are that petitioner filed a suit for recovery of Rs. 2,00,000,00/-(two crore) as damages as well as interest/mark up against the respondent. The said suit is pending before the learned trial Court. Respondent appeared in the said suit and filed an application U/O VII, Rule 11 CPC for rejection of plaint which was dismissed by the learned trial Court on` 05.10.2010. Thereafter the respondent submitted his written statement. The learned trial Court out of the divergent pleadings of the parties framed the necessary issues including relief. Thereafter the learned trial Court has filed the application U/O XXXVIII, Rule 5 & 6 CPC for attachment of the property of the respondent.
3. Learned counsel for the petitioner argued that the order passed by the learned trial Court is against law and facts and also not sustainable in the eyes of law; that the attachment of property before the judgment is a preventive measure and not a punitive action which is a settled principle of law.
4. Heard.
5. Admittedly the petitioner has filed a suit recovery of damages. In the plaint the petitioner has levelled serious allegations against the petitioner and the same have to be proved by the petitioner through his oral as well as documentary evidence. In the application U/O XXXVIII Rules 5 & 6 CPC petitioner has not shown any apprehension of the abscondance of the petitioner in near future. Suit of the petitioner is at initial stage and huge amount is involved in the matter. Therefore, at this stage property of the respondent cannot be attached because he is contesting the case with whole heatedly. There is no force in the instant civil revision and the same is dismissed in limine.