RAMAPRASADA RAO, Ag. C.J.:- These appeals are directed against the Order of the City Civil Judge, Madras, who, in an under chapter suit, failed to notice the prior order passed by him attaching the moneys of the judgment-debtor in the hands of garnishees, by way of attachment before judgment. The plaintiff is the appellant. He filed an under chapter suit on the foot that the defendant owed him moneys for goods sold and delivered. He also rested his case on two dishonoured cheques issued by the defendant. Having regard to the conduct of the defendant, the plaintiff, finding that the defendant was an out of State dealer, sought for attachment before judgment of certain moneys belonging to the defendant in the hands of garnishees. The application for attachment before judgment was ordered.

2. The defendant attempted to obtain leave to defend, but later on gave up the same and submitted to a decree. The learned trial Judge passed a decree, who, at the request of the defendant, gave him the indulgence of paying the decree amount in instalment. But, curiously enough, at the time of passing the decree, he dismissed the application for attachment before judgment, without even any o