S. S. M. QUADRI, J.

( 1 ) THE 1st defendent in O. S. No. 31 of 1989 on the file of the Subordinate judge, Gudur (O. S. No. 6/89 on the file of the Vacation Ju ige, Nellore) is revision petitioner. The first respondent-plaintiff filed the suit for recovery of money. In the said suit she filed I. A. No. 230/89 before the Vacation judge, Nellore for attachment of the amount payable to the defendant No. 1 by the Superintending Engineer (R andb. Circle Office, Seethammadhara, visakhapatnam) the 2nd respondent herein. On 2-5-89, the Vacation Civil judge ordered attachment of the amount lying in deposit with the 2nd respondent. The validity of that order is assailed in this revision petition.

( 2 ) SRI M. V. Ramana Reddy, the learned counsel for the petitioner, submits that the order under revision was passed in violation of the provisions of Order 38 Rule 5 CPC. , and, therefore, the order suffers from the vice of material irregularity in exercising the jurisdiction by the Vacation civil Judge. so it is liable to be set aside.

( 3 ) SRI S. R. Ashok, the learned counsel for the 1st respondent, submits that had the notice been given under Sub-rule (1) of Rule 5 of Order 38, the petitioner w

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