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1942 Supreme(Mad) 394

KUPPUSWAMI AYYAR
Daggupati Nayudamma – Appellant
Versus
Salt Sivaraju Dharamchand Kottuvaru – Respondent


JUDGMENT

Kuppuswami Ayyar, J.

1. The only question for consideration in these two appeals is whether the attachment before judgment effected in a suit can be availed of by a plaintiff decree-holder whose suit was originally dismissed by the trial Court but was decreed subsequently allowing a review petition filed by him.

2. The appellants in both these appeals are purchasers from the judgment-debtor in O.S. No. 37 of 1931 on the file of the Subordinate Judges Court, Tenali. That was a suit on a promissory note executed by a lady. The properties in dispute in both these appeals were attached before judgment at the instance of the plaintiff. The suit was dismissed on the ground that the thumb impression in the document was not that of the defendant. The parties proceeded under the impression that the impression was that of the left thumb, but it was subsequently discovered that the impression was that of the right thumb; a review application was filed and the review was allowed. After the review was allowed, evidence was led to show that the impression was that of the right thumb and a decree was passed. These two appellants have purchased subsequent to the passing of the decree after r






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