R.V. Raveendran, P. Sathasivam
Whether the decision of High Court on setting aside the judgment of Trial court is right?
The appellant/defendant contends that he/she cannot be debarred to deal with their property, because of a suit is to be filed or it is already filed. Therefore shifting of business from one place to another or removing machines to shift to another place cannot amount to the grounds for granting judgment. It is in the hands of the Plaintiff/Respondent to show a sufficient cause before invoking Order 38 Rule 5 of C.P.C.
The respondent stated that the Trial Court has failed to look into the merits of the suit, as they ignored to notice the defendant/appellant who had shifted business and machinery to some other place, which was out of the Jurisdiction of the Court. The appellant/respondent also failed to pay the due amount of Rs.99,200/-.
Honorable Supreme Court read Order 38 Rule 5 of C.P.C carefully and reversed the judgment given by the High Court.
“On the facts and circumstances, the High Court ought not to have interfered with the order rejecting the application. We, therefore, allow this appeal and set aside the order of the High Court and restore the order of the trial court.” said the Supreme Court of India.