DEVINDER GUPTA, C. J.

( 1 ) A Division Bench of this Court expressed the view that the judgment in B. Nookaraju v. M. S. N. Charities, needs reconsideration. It related to the interpretation of Clause (4) of rule 58 of Order 21 C. P. C. The question was framed as under:"whether, against an order passed under Order 21 Rule 58 of the Code in respect of a claim or objection to the attachment of property, a regular appeal would lie as an appeal against the decree, or, a Miscellaneous Appeal against the order?"

( 2 ) ON a reference having been made, the matter is heard by this Full Bench. The facts, which gave rise to the filing of the C. R. P. , may briefly be stated as under.

( 3 ) PETITIONER filed O. S. No. 1 of 1998 against the 2nd respondent in the Court of junior Civil Judge, Huzurnagar, for recovery of certain amount. He obtained an order of attachment before judgment, dt. 21-1-1998, by filing an application under Order 38 rule 5 C. P. C. The suit was decreed for a sum of Rs. 68,900/ -. In E. P. No. 60 of 1999 filed by the petitioner, an application under rule 58 of Order 21 C. P. C. was filed by the 1 st respondent, objecting to the attachment of the suit schedule property. She i

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