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1961 Supreme(Mad) 130

KUNHAMED KUTTI, S.RAMACHANDRA.IYER
Malli Selva Iyer – Appellant
Versus
Madura Mercantile Bank Limited and Others – Respondent


Advocates Appeared:M. Natesan, T. P. Gopalkrishnan, K. S. Varadachari, A. V. Narayanaswami Iyer, Advocates.

Judgment :-

RAMACHANDRA IYER J.

These revision petitions arise form the orders of the sub;ordinate Judge of Madurai in E.A. Nos. 890 and 915 of 1956 rejection tow petitions filed under Order XXI, rule 58, of the civil Procedure Code to raise the attachment before judgment ;effected on the property in suit and in the petitions In O.S., No. 76 of 1949 in the file of Sub-Court, Madurai the Madura Mercantile Bank ltd., obtained a decree for the large sum of money against one Rajagopala Iyer Immediately after the filing of the sit the bank obtained an order for attachment before judgment of certain propertied belonging to the debtor. subsequently the bank was faced with financial difficulties. In O.P. No. 126 of 1953 the bank was directed to be wound up by an order of this court dated July 22, 1953

The official liquidator who thereafter took charge of the asset of the bank filed E.P. No.71 of 1956 in Sib-Court, Madurai, for execution of the decree in O.S. No. 76 of 1949. the petitioners claiming that they had acquired title to the property attached in a court sale in execution of a mortgage decree obtained Rajagopal iyer filed applications in the executing court for raising attachment on





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