ORDER :- This is a revision petition against the order of the learned Principal District Munsif, Gobichettipalayam, made in E. A. No. 2307 of 1973 in E. P. R. 1945 of 1972 in O. S. No. 1528 of 1969 cancelling the order to issue cheque in favour of the revision petitioner.

2. Viswanathan, the revision petitioner herein, obtained a decree against Sellammal and her minor children in O. S. No. 579 of 1970 on the file of the District Munsif Court, Gobichettipalayam, on the foot of a promissory note. The properties of the second respondent, viz. Sellammal, were brought to sale by another decree-holder in O. S. No. 1528 of 1969, in pursuance of a money decree. The properties were sold in court auction and after the decree-holder in the said O. S. No. 1528 of 1969 realised the amounts due to him, a sum of Rupees 4,785.16 was available as surplus sale proceeds to the credit of the judgment-debtors in the District Munsif Court Gobichettipalayam. A sum of Rs. 3,500 out of this was attached by the revision petitioner in execution of the decree in O. S. 579 of 1970. The attachment was made absolute on 14-11-1973. He applied for the issue of a cheque for Rs. 3,198.05 being the amount to