LINGARAJA RATH, J.

( 1 ) THIS appeal is directed against the order of the Principal Subordinate Judge, rajahmundry directing, on 14-6-l996 in I. A. No. 2580/1995, attachment of the properties of theappellantbeforejudgment. Itisurged,assailing the impugned order that the order was passed in mechanical manner under Order 38 Rule 6 cpc without following the mandatory procedures of law and without forming the requisite satisfaction of there being a genuine case made out that the appellant was trying to dispose of the schedule properties.

( 2 ) IT appears that on an application, I. A. No. 2580/1995 filed under Order 38 rule 5 CPC by the respondent, an order was passed on 4-12-1995 by the learned subordinate Judge as follows:"heard the advocate for petitioner. Respondent is directed to furnish security for the suit amount failing which conditional attachment and notice 14-12-1995. Court Order: the respondent is directed to furnish security for the suit amount failing which conditional attachment. Hence the Bailiff of City Small Cause court, Madras is directed to carry out the above order. "

( 3 ) THE bailiff of thecity Small Cause Court, Madras was accompained by the agent of respondent-p

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