Bhat, J

Respondent herein filed a suit against the appellant herein for recovery of Rs. 3,45,650/-with costs. He also filed I.A. 536/1986 under Rule 5 Order XXXVIII C.P.C. seeking attachment before judgment of the movable articles described in the schedule and also seeking a conditional order of attachment. Learned Subordinate Judge ordered notice directing the appellant to show cause why he should not be called upon to furnish security and also passed an order of conditional attachment. It appears, certain articles were, as a matter of fact attached and removed from that custody of the appellant. At that stage, appellant appeared before the learned Subordinate Judge and filed objections 10 I.A. 536/1986. Learned Subordinate Judge allowed I.A. 536/1986 confirming the conditional order of attachment mainly on the ground that in a case where notice has been issued and a conditional order of attachment has been granted, the defendant has no right to appear and show cause against the relief claimed. It is this order which is now challenged.

2. We are not concerned with the merits of the contentious of either side since merits were not gone into by the learned Subordinate Judg