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1954 Supreme(AP) 28

UMAMAHESWARAM
Maddu Venkata Subbaiah – Appellant
Versus
Alane Adinarayana – Respondent


Advocates:
G. Venkatarama Sastry, for Petitioners; Kaduri Seshagiri Rao and Kasturi Siva Prasad Rao, for Respondents.

ORDER :- This civil revision petition raises an interesting question of law as to the interpretation of S. 73, C.P.C. The petitioner herein filed Small Cause Suit No. 312 of 1952 and obtained a decree on 31-7-1952. He filed I.A. No. 878 of 1950 and obtained attachment before judgment of two National Savings Certificates standing in the name of the defendant and given as security before the Collector of Guntur in respect of a licence issued in his name. The attachment before judgment was made absolute on 20-9-1950 after the suit was decreed.

The respondents herein filed Small Cause Suit No. 1 of 1949 on the file of the Subordinate Judges Court of Narasaraopet and attached the National Savings Certificates before judgment on 14-12-1950. Before they were so attached, the petitioner herein filed E.A. No. 672 of 1950 to cash the National Savings Certificates on 4-12-1950, but, as the order of attachment before judgment was passed by the Subordinate Judges Court, Narasaraopet, on 14-12-1950, the application was dismissed on 12-3-1951. The District Munsif of Bapatla, having cashed the National Savings Certificates, sent the amount to the Subordinate Judges Court of Narasaraopet, on 10-8-



















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