( 1 ) SHOULD the claim of appellant-bank to the property under order of attachment before judgment be accepted or not is the question posed before this Court in this appeal.

( 2 ) WITH a view to appreciating the aforesaid question raised before this Court a few material facts may be narrated at the outset. The appellant-bank a third party or a stranger to Special Civil Suit No. 134 of 1979 preferred an application Ex. 20 in the trial Court for vacating an order of attachment before judgment passed by the trial Court contending its claim over the property under attachment. The trial Court partly allowed the claim holding that the attachment on the machinery exceeding the amount of Rs. 1 50 0 shall be removed by modifying the ex-parte order granted below Ex. 5 in favour of the plaintiff respondent No. 1 herein in the aforesaid Special Civil Suit No. 134 of 1979.

( 3 ) THE original plaintiff filed the suit for the recovery of an amount of Rs. 1 40 0 with cost and interest against the defendants The plaintiff also submitted an application Ex. 5 along with the suit under Order 39 Rules 1 and 2 and also under Order 38 Rule 5 of the Civil Procedure Code (CPC ). The defendan