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2019 (8) TMI 1650 - CALCUTTA HIGH COURTSuit for recovery of money and cancellation of a deed of gift - attachment of certain immovable properties of the respondent - Order XXXVIII Rule 5 of the Code of Civil Procedure, 1908 - HELD THAT:- In the present case, neither in the plaint nor in the petition the petitioner has disclosed the particulars of the loan transactions to substantiate that the said confirmation of the accounts issued by the respondent No. 1 constitute an acknowledgement under Section 19 of the Limitation Act. The respondent No. 1 executed deed of gift dated August 6, 2018 in favour of the respondent No. 3 for transfer of the said Flat Nos. 8A and 9A of Premises No. 6, Queens Park, Kolkata - 700 019 long before the filing of the suit and the present application in August, 2019. Further, when the petitioner has affirmed the averments made in paragraphs 9 to 17 of the petition as her respectful submissions before this Court, I find some substance in the contention of the respondents that the petitioner has not fulfilled the conditions with regard to her knowledge or source of information that after filing of the present suit, the respondent No. 1, is intending to transfer any of their immovable properties or the ornaments of the respondent. It is not convincing to hold that the petitioner has made out any prima facie case for obtaining any ad interim order in this application - petition dismissed.
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