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2003 Supreme(Ker) 349

JAWAHAR LAL GUPTA, KURIAN JOSEPH
Tony – Appellant
Versus
Navodaya Enterprises – Respondent


Judgment :-

Kurian Joseph, J.

What is the difference between attachment before judgment under order XXXVIII and attachement in execution under order XXI? Whether a pre-decretal attachment in under Order XXXVIII would be treated as post decretal attachment in execution under order XXI by virtue of the 1976 amendment to the CPC introducing Rule 57 Under XXI and Rule 11A under order XXXVIII? These are the two interesting issues for consideration in this civil revision petition.

2. Short facts: The Petitioners, husband and wife, are the judgment debtors in E.P.No.684/1999 in O.P.No.175/1985 on the files of the II Additional sub Court, Trichur. The suit was filed for realization of amounts advanced to the petitioners—defendants. An attachment under order XXXVIII Rule 5 was effected on 25-3-1985. The suit was decreed on 8-4-1988. The plaintiff-respondent filed E.P.No.182/1990 against the first petitioner herein by initiating steps under Rule 37 of Order XXI. However, the E.P. was dismissed on 31-1-1992. There was no direction whatsoever that the attachment continued. Thereafter the respondent filed E.P.No.224/1996 against both the petitioners by proceeding against the pre-decretal attached
















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