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1936 Supreme(Mad) 458

BEASLEY
Addepalli Satyanarayanamurthy – Appellant
Versus
Vadlamannati Venkateswararao – Respondent


ORDER

Beasley, C.J.

1. The position arising in this civil revision petition can, I think, best be expressed as follows: A is the respondent here and B is his judgment-debtor. C is the petitioner here. C owed B some money secured on two mortgage bonds executed by C in favour of B. A sought to attach the debt to B owing on these mortgage bonds. C, the petitioner, objected to the attachment on the ground that B owed him a sum or sums of money which extinguished Cs debt to B, and he further stated that this set-off had in other cases been recognized by the Court. He claimed therefore that he was entitled in these execution proceedings to have the question of that set-off considered. The learned Subordinate Judge relying upon some rulings which he does not refer to, says:

The plea of discharge by the garnishee and its validity is not gone into in this execution proceedings, as according to the decided rulings it should not be investigated in the execution proceedings. The attaching decree-holder may take such further steps in execution as he likes.

2. No decided rulings having been cited by the learned Subordinate Judge; the learned counsel for the petitioner, the respondent being unreprese

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