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1939 Supreme(Mad) 240

WADSWORTH
Palanisami Goundar – Appellant
Versus
Kaliappa Goundar – Respondent


JUDGMENT

Wadsworth, J.

1. C.M.A. No. 404 is an appeal against an order making absolute an attachment before judgment. C.M.A. No. 405 is an appeal against the dismissal of an application under Section 95 of the Civil Procedure Code for compensation for wrongful attachment. The trial Court heard together both the application to vacate the ad interim attachment and the application for compensation. In such circumstances it seems hardly fair to apply as against the appellant the rule embodied in Rama Mudali v. Marappa Goundan (1934) 67 M.L.J. 448 according to which an application for compensation for wrongful attachment would not lie until the attachment itself has been set aside. The trial Court had before it an application to set aside the attachment and abstained from passing orders on it until the hearing of the application for compensation was finished. Similarly in this Court I have before me both an appeal against the order confirming the attachment and an appeal against the dismissal of the application for compensation. Incidentally I may observe with reference to the case just quoted that there is another decision of this Court reported in Palaniandi Moopan v. Pachi Palaniandi M




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