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1984 Supreme(AP) 35

Y.V.ANJANEYULU
Tilat Shaheen – Appellant
Versus
Omprakash Gupta – Respondent


Y. V. ANJANEYULU, J.

( 1 ) A short but interesting question of law arises in this appeal regarding the effect of amendment of O. 21 R. 58, CPC by the amending Act No. 104 of 1976 with effect from 1-2-1977. The Ist respondent herein, Omprakash Gupta, filed a suit bearing O. S. No. 843 of 1976 against the 2nd respondent herein Shankarlal, in the court of the IVth Addl. Judge, City Civil Court, Hyderabad for recovery of Rs. 11,000/- and odd. In that suit, an application, I. A. No. 1 of 1976 was filed by the Ist respondent for attachment before judgment of the moveable in the premises No. 2-3 belonging to the appellant herein on the ground that the movables in the said premises belong to the 2nd respondent. Pursuant to the above application, attachment was effected on 3-1-1977. The appellant then filed a claim petition No. I. A. No. 13 of 1977 under O. 38, R. 8 CPC for release of the property from attachment on the ground that the movables belonged to her and did not belong to the 2nd respondent. After appropriate enquiry, the court dismissed the claim petition filed by the appellant by its order dt. 4-3-77. Thereafter the appellant filed a suit bearing O. S. No. 32 of 1977 seeking to s












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