ORDER: (Per Hon,ble VVSR,J)

1. This civil miscellaneous appeal under Order XLIII Rule 1(q) of Code of Civil Procedure, 1908 (CPC) is by defendant in O.S.No.73 of 2008 against the order dated 04.2.2009 whereby and whereunder the Court of I Additional District Judge, Rajahmundry, directed to issue warrant of attachment before judgment in I.A.No.1757 of 2008.

2. Respondent filed the suit for recovery of a sum of Rs.35,00,000/- from defendant, appellant herein. The suit was filed in September 2008 along with I.A.No.1757 of 2008 under Order XXXVIII Rules 5 and 6 of CPC for attachment of property of defendant before judgment. The trial Court ordered issue of notice on 22.1.2009 to appellant (hereafter, defendant). After receiving notice, he appeared through lawyer and sought time for filing counter. The counter was filed on 17.10.2008. Thereafter the matter was coming for enquiry. It was called on 22.10.2008, 30.10.2008, 05.11.2008, 21.11.2008, 05.12.2008 and on 31.12.2008. Every time, it appears that defendant appeared and sought time. Ultimately on 22.1.2009, trial Court ordered notice under Order XXXVIII Rule 5 of CPC directing defendant to furnish security by 5.30 pm on 04.2.2009. Th

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