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1962 Supreme(Ker) 31

M.S.MENON, P.GOVINDA NAIR
Sankaran Nair – Appellant
Versus
Krishna Pillai – Respondent


Judgment :-

1. This revision petition by, a garnishee raises two questions. One relates to the maintainability of the revision itself and the other about the correctness of the order directing the garnishee to produce the attached amount in court forthwith.

2. The first counter-petitioner had obtained a decree against the second counter-petitioner and thereafter on 23-1-59 attached a sum of Rs. 200/- alleged to be due from the garnishee to the second counter-petitioner. The garnishee is the Executive Authority of the Chengannoor Panchayat. The second counter-petitioner - judgment-debtor had deposited the above sum of Rs. 200/- as security in connection with the auction held by the Panchayat for the year 1958-59 relating to the right of selling meat in the Chengannoor Market. This auction, which was confirmed in favour of the judgment-debtor by the Panchayat, was set aside by the High Court in a Writ Application before the order of attachment, above mentioned, was effected. The judgment-debtor was again a successful bidder for the auction to the same right for the following year 1959-60 and it is alleged by the garnishee-revision petitioner that on the 31st of March 1959, when the au














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