KAILASAM, C. J.: This appeal is preferred by the Indian Overseas Bank, Epoh, by its power agent, Joseph Ambrose, against the judgment of Ramaprasada Rao, J. in A. A. O. No. 230 of 1966.

2. The appellant filed an application under S. 44-A read with O. XXI, Rr. 54 and 66, C. P. Code, for attachment and sale of the judgment-debtor's immoveable properties, in the District Court of South Arcot. The District Judge ordered notice and transferred it to the file of the court of the Subordinate Judge. The decree that was sought to be executed was one that was obtained in a foreign court, viz., the Federation of Malaysia.

3. The objection that was raised to the execution of the foreign decree was that notice under O. XXI, R. 22, C. P. Code was mandatory before attachment could be ordered, and that, secondly the supervening insolvency of the judgment-debtor in the Federation of Malaysia was a bar to the maintainability of the execution petition. It is common ground that after the decree was passed by the foreign court but before execution was laid in the District Court of South Arcot the judgment-debtor became insolvent.

4. The trial court sustained the objection raised by the judgment-d