Curgenven, J.

1. The question which arises in this case is whether a Court attaching a debt either before judgment or in execution can inquire into the truth or the existence of the debt. The attachment in the present instance was made before judgment on an application filed on the same day as the plaint. But I cannot find that it makes any difference whether such an attachment was made before judgment or in execution of the decree and it appears to me that Rules 7 and 8 of Order 38, Civil Procedure Code, show that the Court has the same powers in the one case as in the other. There is no authority arising in this Court upon this point. The Full Bench decision in Chidambara Patter v. Raniasamy Patter I.L.R. (1903) 27 M. 67 : 13 M.L.J. 467 related to a disputed title to a debt, which it was held could be investigated under the old section of the Code now corresponding to Order 21, Rule 58. This decision does not deal with the question of investigating the actual existence of the debt itself. There are, however, two cases upon this point decided by other High Courts Ma Saw Yin v. Hockto I.L.R. (1926) 4 Rang. 100 and Maharaja of Benares v. Patraj Kunwar I.L.R. (1905) 28 All. 26