GOVINDA MENON, J. :- This case comes up before us on a reference by the Honble the Chief Justice as the question involved is bereft of direct authority.

2. The petitioner was tine defendant in O.S. No. 179 of 1951 on the file of the Sub Court, Madurai, which was a suit to set aside a summary order under O. 21, R. 83, C.P.C. passed by the District Munsif of Madurai Town in E.A. No. 228 of 1951 in E.P. No. 2 of 1951 on his file. The respondent herein obtained a decree against one Subramania Chettiar in the court of the District Munsif, Madurai town, and in execution thereof attached the properties stated to belong to him whereupon the petitioner, objected and filed a claim petition which was rejected by the District Munsiff.

At the time the application for attachment was made, the amount due under the decree came to Rs. 2979-6-3. The petitioner, the defeated claimant has brought the suit to set aside the order of attachment and to establish his right to the property he claims. By the time the suit was filed the decree amount with subsequent interest had risen to Rs. 3120-1-5 and therefore, the suit was filed in the Sub Court, Madurai, which according to the plaintiff was the p