This revision petition arises from the judgment and order dated 13.6.1986 passed by the learned Assistant District Judge (I), Gauhati, in Money Suit No. 55 of 1986.

2. In Money Suit No. 55 of 1986, the plaintiff has filed an application dated 1.4.1986 (petition No. 2080) under O. 38, R. 5, CPC for attachment before judgment of the grant-in-aid amounts lying with the Director of Cultural Affairs, Gauhati. The letter dated 3.5.1986 from the Director of Cultural Affa­irs, Assam addressed to M/S. Chitra Pratisthan (defendant) shows that the Government have sanctioned an amount of Rs. 1,31,300/-. When the proceeding under O. 38, R. 5, CPC was about to be concluded the plaintiff filed another petition dated 24.5.1986 (petition No. 3302) under O. 39, R. 7, CPC, inter alia for an order to release the said sum of Rs. 1,31, 300/- in favour of the plaintiff, or for an order for detention, preservation and/or withholding the said amount. The learned Judge disposed of the two petitions by a composite order dated 13.6.1986 which is impugned in this petition.

3. The order under O.38, R. 5, CPC is appealable under 0.43, R. 1(q), CPC which provides that an appeal shall lie from an order under Rule 2,

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