CMA 3911/07 Bal Chand & Anr. Vs. Satish Kumar (1) In the High Court of Judicature for Rajasthan At Jaipur Bench, Jaipur J U D G M E N T In S.B. Civil Misc. Appeal No.3911/2007 Bal Chand Norangrai Bhutda and another Vs. Satish Kumar Date Of Judgment :: 26th October, 2009 Hon'ble Mr. Justice Jitendra Ray Goyal Mr. J.P. Gupta, for appellants. Mr. D.K. Garg, for respondents. .......... By the Court :- Heard learned counsel for the parties on the point of admission and perused the impugned order. It was inter alia contended that trial court has restrained to the appellant-defendants from transfer or alienation of their factory's land in a money suit of Rs.62,250/- whereas the value of the land of the factory is of many lacs and therefore the order passed under Order 39 Rule 1 & 2 of the Code of Civil Procedure is not lawful. Learned counsel for the respondent submitted that despite of the court order, defendants failed to submit the security to the extent of Rs.62,250/- only. Therefore, taking into consideration the entire facts and intention of the appellant-defendants the trial court rightly passed the injunction order. I have considered the rival submissions made at the bar. The trial court while deciding the application under Order 38 Rule 5 and Order 39 Rule 1 & 2 of the Code of Civil Procedure prima facie did not find the case of the attachment before judgment but restrained the CMA 3911/07 Bal Chand & Anr. Vs. Satish Kumar (2) defendants from alienation, transfer or creation of any charge on their factory's land with a view to safeguard the rights of the plaintiff in a money suit of Rs.62,250/-. Though details of the land of the factory have not been mentioned but it has not been made a point of dispute that the value of disputed land of the factory must be of many times in proportion to the value of the money suit. Therefore, in my considered view, restrained order could have been passed in regard to the property valued in proportion to the suit amount. In view of the above, this appeal is partly allowed and the impugned order is modified to the extent that the appellant-defendants shall not dispose off the land of their factory to the extent of value of rupees one lac and in this regard they shall further file an undertaking before the trial court within a period of four weeks. (J.R. Goyal),J. VS Shekhawat/- Jr. P.A. D63