1. This civil miscellaneous appeal has been filed against the order of the learned Subordinate Judge, Kancheepuram, dismissing the application filed by the appellant in I.A. No. 503 of 1989 in O.S. No. 53 of 1989 for raising the attachment over the schedule mentioned property.

2. The first respondent herein filed the suit against the second respondent herein for recovery of Rs.94,680 due on a promissory note executed on 10. 1988. The suit was filed on. 13. 1989. Alongwith the plaint, the first respondent filed an application under Order 38, Rule 5 and Section 151, C.P.C. for attachment before judgment of the property belonging to the second respondent. On the same date, the learned Subordinate Judge, passed the following order: "Notice and Heard. Respondent is directed to furnish security for a sum of Rs.75, 000 failing which attachment by 14. 89. On 23. 89 attachment was actually effected. Alleging that he had purchased the property on 13. 89 subject to two mortgages the appellant filed an application under Order 38, Rule 8 C.P.C. for raising of attachment. This application was opposed by the first respondent contending that the attachment order was passed as early as on