T. NARASINGA RAO, J.

( 1 ) THE Civil Revision Petition gives rise to the question whether the procedure under Order 38, Rule 5 have to be gone through by the court before it issues a prohibitory order to a garnishee, in a proceeding before attachment before judgment. The facts leading to the revision petition, briefly stated are these:

( 2 ) THE plaintiff-petitioner laid a suit for recovery of Rs. 6,282-78 from the respondent. A prohibitory order was issued against five garnishees under Order 21 Rule 46 restraining them from making payments to the respondents of the sums alleged due by them. After the prohibitory order was issued, the defendant-respondent filed a counter inter alia disputing the amount of claim. It was his specific contention that the plaintiff has not placed any material before the court to show that the defendant is likely to leave the jurisdiction of the court or that he was about to dispose of any of his movable or immovable property so as to evade the suit claim in the event of decree and therefore the issue of pronibitory order under Order 21, Rule 46 before complying with the conditions of Order 38, Rule 5 of the Code of civil Procedure is illegal. The learned

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