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1966 Supreme(AP) 27

MOHD.MIRZA, MANOHAR PERSHAD
C. Kanakaiah Textiles and Co. – Appellant
Versus
Vallabhaneni Venkata Subbamma – Respondent


( 1 ) THE short point that falls for determination in this Letters Patent Appeal is whether the surety bond furnished by Vallabhaneni Raghavayya in the Sub Court, Vijayawada, in O. S. No. 22/1953 ensures to the benefit of the decree holder appellant after the transfer of the said suit to the District Munsifs Court, Vijayawada. In order to appreciate this point, we have to refer to certain facts:

( 2 ) THE appellant herein, a firm carrying on business at Vijayawada filed a suit in the Subordinate Judges court at Vijayawada for the recovery of a sum of Rs. 4,000 and odd in January 1953. While the suit was pending in that court, the plaintiff-appellant applied for the attachment of the properties of the defendants in the suit. One Vallabhaneni Raghavayya, the predecessor in interest of the respondents in this appeal, filed a surety bond of immoveable property for a sum of Rs. 4,800 Ex. A-1 and the bond was accepted and the properties of the defendants were released from attachment on 17-12-1953. Meanwhile, due to the enhancement of the pecuniary jurisdiction of the District Munsifs Court, the suit was transferred to the District Munsifs, Court, Vijayawada and was numbered as O. S. No.







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