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Gorigala Venkayya and ors. Vs. Mugunta Lakshmiah and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1912)22MLJ394
AppellantGorigala Venkayya and ors.
RespondentMugunta Lakshmiah and ors.
Excerpt:
- 1. the first question argued in this appeal is that an enquiry ought to have been made whether the judgment debtor had notice of the attachment or not; but no such question was raised before the lower court. the next question that is argued is that order xx1, rule 53, clause (6), does not apply to cases where the attachment was made. we do not find any sufficient reason for excluding from the operation of this rule cases of attachment before judgment. the appeal is dismissed.
Judgment:

1. The first question argued in this appeal is that an enquiry ought to have been made whether the judgment debtor had notice of the attachment or not; but no such question was raised before the lower court. The next question that is argued is that Order xx1, Rule 53, Clause (6), does not apply to cases where the attachment was made. We do not find any sufficient reason for excluding from the operation of this rule cases of attachment before judgment. The appeal is dismissed.


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