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1972 Supreme(Ker) 108

T.C.RAGHAVAN, V.P.GOPALAN NAMBIYAR
G. K. PRABHAKARAN AND CO. – Appellant
Versus
DAVID TRADERS – Respondent


Judgment :-

1. The revision petition has been filed against an order passed by the Munsiff Court, Trichur, in I. A. No. 2990 of 1971 in O. S. No. 805 of 1971 by which the learned Munsiff refused to enquire into a claim petition filed by the petitioner against an attachment of property. The plaintiff in that case filed a suit for recovery of a sum of money from the defendants and applied for attachment before judgment of certain movable properties kept in a shop alleged to belong to the defendants. The revision petitioner, on coming to know of this order for attachment, filed an application in court objecting to the attachment of the moveables on the ground that the moveables belonged to him and did not belong to the defendants in the case. That petition was dismissed by the learned Munsiff as not maintainable on the ground that a petition objecting to the attachment can be entertained only after the attachment was effected. It is against that order that this revision petition is filed.

2. The petitioner contends that the court will get jurisdiction to attach the property only if the property belongs to the defendants and when a third party comes forward with an objection that the pr





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