ORDER : - This Revision petition is preferred by the plaintiff against the judgment of the District Munsif, Vijayawada. dismissing a suit for recovery of a sum of Rs. 198/-. The suit giving occasion to this revision petition was filed under the following circumstances-.

2. The petitioner filed a suit in S.C. No. 357/46 on the file of the Sub Court, Vijayawada, against one Subudhi Sanjeevarao for recovery of Rs 885/- by way of damages. Pending that suit he filed I.A. No. 1765 of 1946 for attachment of moneys said to be with the 1st defendant. The present 1st defendant was served with notice of attachment on 21-12-1956. On this notice, the 1st defendant endorsed that he had a claim against the amount deposited with him by the 2nd defendant and could not therefore be proceeded against. As pointed out by the Learned Judge, it does not appear what order was ultimately passed on this. No material has been placed before him in that regard. Ultimately, the present plaintiff obtained a decree against the 2nd respondent (defendant) and called upon the present 1st respondent to deposit the amount into Court as per the notice, Ex. A-2. As the 1st defendant refused to comply with it, the present

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