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1944 Supreme(Mad) 74

PATANJALI SASTRI
Firm Schwebo – Appellant
Versus
Subbiah – Respondent


JUDGMENT

Patanjali Sastri, J.

1. This appeal has been brought by the plaintiff, a firm of Nattukottai Chetty money-lenders and bankers, from a decree of the Court of the Subordinate Judge of Sivaganga dismissing their suit for setting aside an order whereby the four-sixths share of respondents 1 to 4 in their joint family property was released from attachment in execution of an order for restitution passed by the High Court of Judicature at Rangoon. Respondent 5 was impleaded pro forma as the receiver appointed in certain proceedings which were pending between the partners of the appellant firm, and no further reference will be made to him herein. The respondents father Subramaniam Chettiar who was carrying on business as banker and money-lender at Rangoon and other places under the name and style of "AT. K. PL. SP. Chettiar Firm" sued the appellants and others in the High Court at Rangoon in its original jurisdiction for recovery of Rs. 20,000 and obtained a decree on 27th July 1931. The appellants preferred an appeal to the same Court in its appellate jurisdiction on 17th August 1931, and pending the appeal deposited the decree amount in Court on 2nd December 1931, as one of its pa







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