P. VENKATARAMA REDDY, J.

( 1 ) THE Civil Revision Petition is filed against an ex parte order purportedly passed under Order XXXVIII Rule 5 read with order XXI Rule 46 of the Code or Civil procedure directing the third party to the suit, viz. , BHEL to withhold an amount of rs. 1,75,000/- from out of the voluntary retirement benefits payable to petitioners 1 and 2. This order was passed on 23-8-1999 and LA. was posted to 6-9-1999. The learned Counsel says that a counter has been filed and the matter is being contested. It is not known why the final orders are not passed in LA. so far.

( 2 ) THE learned Counsel for the petitioners relied on the judgment of a learned single Judge of this Court in j. Balakrishna vs. Union Bank of India. The learned single Judge was of the view that the attachment under Order XXXVIII Rule 5 of CPC cannot be ordered against a third party and there is no procedure prescribed for impleading third parties in the LA. filed for attachment. The learned Judge further held as follows:"the money in the hands of third party also cannot be attached as a garnishee (debtor s debtor) unless a decree is passed in the suit. Such money can only be attached in execution p

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