CHENNAKESAV REDDI, J.

( 1 ) THIS Civil Miscellaneous Appeal preferred under O. 43, R. 1 (q), C. P. C. raises a question of its maintainability. The question is whether an order dismissing an application under O 38, R. 5, C. P. C. for an order of attachment before judgment is appealable.

( 2 ) THE facts are short and simple. The Union Bank of India, Visakhapatnam, is the plaintiff in the suit. The suit is one for recovery of money. The Plaintiff filed an application under O. 38, R. 5, C. P. C. for attachment of a sum of Rupees three lakhs lying with the Director General, Naval Project, Visakhapatnam, payable to the I defendant, before judgment. It was alleged on behalf of the plaintiff that unless attachment before judgment was ordered, the plaintiff-Balk would be put to serious loss and injury. Notice was ordered, to the defendants on the said application. No conditional attachment order was passed under sub-rule (3) of O. 38, R. 5, C. P. C. The defendants appeared and resisted the application contending that the property mortgaged in favour of the plaintiff-Bank was sufficient for the amount of the decree which may ultimately be found to be due in the suit by the defendants. The l

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