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1955 Supreme(Mad) 149

KRISHNASWAMI NAYUDU
P. A. Moideen Batcha Rowther – Appellant
Versus
F. S. Sulaiman Sahib – Respondent


Advocates:
M.R.Narayanaswami and K.Tirumalai for Petitioner.
K.Raja Aiyar, N.R.Govindachari and S.K.Ahmed Meeran for Respondents.

Judgment

This revision arises out of an Execution Petition No.52 of 1952 in O.S.No.187 of 1942 on the file of the District Munsiff’s Court, Valangiman. The petitioner was the garnishee and the execution petition was filed by the plaintiff for attachment by issue of a prohibitory order in respect of a sum of Rs.3000 out of Rs.45,000 in the hands of the four garnishees of whom the petitioner was the first garnishee under Order 21, rule 46, Civil Procedure Code. The 1st defendant-judgment-debtor died and in his place his legal representatives were impleaded as defendants 6, 7, and 8 and the prohibitory order asked for seeks to restrain the garnishees from paying the sum of Rs.3000 in their hands to defendants 6 to 8 and directing them to deposit the amount into Court, and there is a prayer for appointing the plaintiff as a receiver for realisation of the amount. Three objections were raised to the execution. One of the objections raised apart from denying the debt was that there are other heirs of the 1st defendant by his Malayan wife who are not impleaded in the Execution Petition, in effect that the amount even if payable is payable not only to defendants 6, 7 and 8 but also to other













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