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Gorrijala Venkayya and ors. Vs. Pothigunta Laxmiah and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in14Ind.Cas.285
AppellantGorrijala Venkayya and ors.
RespondentPothigunta Laxmiah and ors.
Excerpt:
civil procedure code (act v of 1908), order xxi, rule 53, clause (6) - whether applies to attachment of decrees before judgment. - 1. the first question argued in this appeal is that an inquiry 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 xxi, rule 55, clause 6, does not apply to cases where the attachment was made before judgment. we de 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 inquiry 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 XXI, Rule 55, Clause 6, does not apply to cases where the attachment was made before judgment. We de 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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