V. BHASKARA RAO, J.

( 1 ) THE only question involved in this appeal, is whether the Courtbelow after decreeing the suit can continue inquiry into a petition under order 38 Rule 8 C. P. C. filed pending the suit for raising the order of attachment before Judgment.

( 2 ) THE facts of the case are: The property of the appellants wasattached by order of the lower Court, dated 24-7-78. It was an attachment before Judgment in a suit filed for recovery of money by the 1st respondent against 2nd and 3rd respondents. The appellants filed LA. 619/78 to raise the attachment. The suit was decreed 9-12-1981. On 12-2-1982, long after decreeing the suit, LA. 619/78 was dismissed for default. In fact on that very date an adjournment petition for LA. 619/78 was filed by the appellants. However, that adjournment petition was dismissed on 12-2-1982 and also consequently the LA. 619/78 for default. Therefore on 12-2-1982 itself, the appellants filed LA. 175/82 to restore LA. 619/78- dismissed on that very date for default. While dismissing that LA. , the Court below held: " One of the petitioners came to the Court on the same day and filed the present petition. . . . . Therefore I find that there is ju

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