Devadoss, J.

1. The plaintiff as Receiver brought this suit for recovery of the amount due on a promissory note executed by the 1st defendant on 10th August, 1919 in favour of one Krishna Aiyangar. It was contended by the 1st defendant, among other things, that there was no such pro-note as that mentioned in the plaint, that the pro-note executed by him in favour of Krishna Aiyangar had been partially discharged and that the plaintiff is not entitled to bring a suit on the pro-note as it had not been attached by a Court. The Subordinate Judge dismissed the suit upholding the contention of the 1st defendant. Plaintiff has preferred this appeal.

2. The plaintiff brought O.S. No. 152 of 1922 in the District Munsifs Court of Gopichettipalayam against her father, Krishna Aiyangar, for possession of lands and mesne profits and applied for attachment before judgment of the pro-note executed by the 1st defendant to Krishna Aiyangar for Rs. 6,000 and the Court ordered attachment on 21st January, 1920 and notice of it was served on the 1st defendant on 23rd January, 1920. The plaintiff thereupon applied for the appointment of a Receiver for the. collection of the amount due on the pro-