1982 Supreme(AP) 218

Andhra Pradesh High Court
Judges : CHENNAKESAVA REDDY, KODANDA RAMAYYA
Union Bank of India. Visakhapatnam - Appellant
Versus
Addhra Techncerat Industries - Respondent
A. A. O. No. 200/80.
Decided On : 07-21-82
.

Headnote:CIVIL PROCEDURE CODE Order 38 Rr 5 and 6 and Order 43 R 1 (Q) - Dismissal of an application under 38 R5 for an order of attachment before Judgment in a suit - Appeal against the order - Not maintainable

       HELD: An order dismissing an application under Order 38 Rule (5) is not apP9alable An order under Rule 5 merely directing the defendant to furnish security or to appear and show cause why security should not be furnished Is not appeasable Only an order allowing an application under Rule 5 and an order withdrawing the attachment made under sub-rule (3) of Rule 5 on cause being shown by the defendant are appealable

       In this case then; was no interim order of attachment passed under sub-rule sub rule (3) of Rule 5 Only an order was passed by the Court under sub-rule (1) of Rule 5 directing issue of notice to the defendant to show cause why he should not furnish security and on the defendant appearing and Showing cause in answer to the notice to the Court dismissed the application There was no interim attachment passed under sub-rule 3 of Rule (5) Therefore the Order passed by the Court below does not fall within sub-rule (2) of Rule 6 Therefore the order passed by the Lower Court is not appealable

       A A O Dismissed