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1930 Supreme(Mad) 26

K.SASTRI
The Pannaji Devi Chand, A Marwadi – Appellant
Versus
The Firm Of Senaji Kapur Chand – Respondent


JUDGMENT

Kumaraswami Sastri, J.

1. Defendants are the appellants. This appeal arises out of a suit filed by the plaintiff firm against the defendant firm claiming a sum of Rs. 10,000 as damages which the plaintiffs alleged they sustained by reason of the defendants having wrongfully attached before judgment the properties in the defendant firm.

2. The plaintiffs and the defendants were merchants who were carrying on business in partnership. The plaintiffs were carrying on business at Bellary and the defendants were carrying on business at Gadag. It is alleged that the plaintiffs filed a suit in the Bellary District Court for winding up the business and for taking accounts. The defendants brought a suit against the plaintiffs and two other firms in the Court of the 1st Class Subordinate Judge of Dharwar for a breach of contract claiming Rs. three lakhs twelve thousand odd. The defendants filed an affidavit on the 30th of March, 1920, and applied for attachment before judgment of certain properties of the plaintiffs in Belary and obtained a conditional order. The Subordinate Tudge after hearing the parties confirmed the attachment before judgment on the 21st of April, 1920, and ordered

































































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