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1989 Supreme(Mad) 578

ABDUL HADI
I. Lakshmi Narayanan – Appellant
Versus
A. Veeraraghavalu – Respondent


JUDGMENT

Abdul Hadi, J.

1. C.M.A. No. 1030 of 1989 is against the Order dated 19.10.1989 passed in I.A. No. 12157 of 1989 in O.S. No. 5733 of 1989 on the file of the IV Assistant Judge, City Civil Court, Madras, dismissing the said I.A. C.M.A. No. 1031 of 1989 is also against the dismissal Order passed on the same date in I.A. No. 19791 of 1989 in the same suit. These C.M.As. are filed by the plaintiff in the suit and the suit is for recovery of a sum of money said to have been lent by the plaintiff to the defendant under a promissory note. The former I.A. was to issue an order of interim injunction, restraining the garnishee, the second respondent in the said I.A., from paying a sum of Rs. 36,575 with interest to the defendant - Ist respondent therein, pending disposal of the suit. The latter I.A. is for directing the said garnishee to deposit the said sum into the trial Court. Admittedly, the said sum represents certain retirement benefits of the defendant, who was working as an employee under the said garnishee. The affidavit in support of the I.As. in the court below, stated that the defendant was going to retire on 30.6.1989 and that he had given a written undertaking in the sai










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