( 1 ) I have had the advantage of reading in advance the judgment in draft prepared by my learned Brother Ch. S. R. K. Prasad, J. I am in respectful agreement with my learned Brother that the appeal has to be allowed and the order impugned in the appeal has to be set aside and IA No. 2957 of 2001 is liable to be dismissed. However, I propose to add comments of my own.

( 2 ) THIS civil miscellaneous appeal filed under Order 43, Rule 1 (q) of CPC is directed against an order and decree dated 29-11-2001 passed in IA No. 2957 of 2001 in OS No. 540 of 2001 on the file of the Court of the Chief Judge, City Civil Court, Hyderabad. The appellant in this appeal is the 1st defendant and the respondents in this appeal are the plaintiffs in the suit OS No. 540 of 2001. The plaintiffs have filed the suit for recovery of a sum of Rs. 11,89,340/- with interest and costs from the 1st defendant-the appellant, basing on the debt vouchers signed by the 1st defendant in favour of the plaintiffs. In the said suit, the plaintiffs filed the petition IA No. 2957 of 2001, under Order 38, Rule 5 CPC to grant attachment before judgment by attaching cash of Rs. 4 lakhs lying in deposit with th