ORDER: - In this civil revision petition at the instance of the defendant in O.S. No. 426 of 1982, II Additional City Civil Court, Madras, the principal question that arises for consideration is, whether the order of attachment passed by the court below accords with the provisions of O.38, R.5, C. P. C., as amended by Act 104 of 1976 and is valid or is vitiated and void.

2. The suit in O.S. 426 of 1982 was laid by the respondent herein against the petitioner for the recovery of a sum of Rs. 66,468.15 with further interest and other incidental reliefs. In I. A. No. 1209 of 1982 filed on 22-1-1982, under O.38, R.5, C. P. C., the respondent prayed for an order of attachment before judgment of two items of immovable properties belonging to the petitioner. In the affidavit in support of that application, the respondent after referring to the circumstances leading up to the institution of the suit for the recovery of the amounts from the petitioner, stated that the petitioner is in highly involved circumstances and that she has no other property except the two items of immovable properties and further that with a view to defeat and delay himself and other creditors, the petitione