NEWSAM
K. Ramaswami Aiyangar – Appellant
Versus
K. V. Panduranga Mudaliar – Respondent
Newsam, J.
1. This is an application asking the Court to revise an order of the Fourth Presidency Magistrate made in the following circumstances.
2. In a suit on a pronote for Rs. 200, plaintiff applied for attachment befcre judgment of the defendants movable property. The Court ordered notice to defendant. The notice was returned with an endorsement that it had been personally served on defendant. As defendant did not appear attachment was ordered. As soon as the bailiff went to effect attachment, the defendant paid up.
3. The defendant complains that his signature on the reverse of the notice was forged by the clerk of plaintiffs Advocate and the forged document was used to stifle his objections to attachment before judgment.
4. The defendant, after about a months delay, moved the Court to prosecute the clerk of plaintiffs vakil and also filed a private complaint against him and also applied under Section 95, Civil Procedure Code, for compensation against plaintiff for attachment before judgment without reasonable and probable cause.
5. The Court declined to prosecute the plaintiffs vakils clerk on 11th January, 1937, and dismissed the application for compensation under Section 9
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