The above revision petition has been filed against the order of the Sub Court, Padmanabhapuram in E.ANo.112 of 1992 in E.P.No.29 of 1990 in O.S.No.41 of 1983, dated 18.12.1992.

2. The judgment-debtor, the petitioner herein, filed the said application before the court below contending that the E.P. filed is liable to be rejected on the ground that such an execution proceedings praying for sale cannot be entertained without there being a request for a fresh attachment. The case of the petitioner is that the earlier E.P.No.22 of 1987 having been dismissed for default of the decree-holder, in the absence of specific order of the executing court that the attachment already effected shall continue or specify the date on which such attachment shall cease the earlier attachment effected shall be deemed to have ceased. The court below rejected the claim of the judgment-debtor on the ground that such an objection is not available to a case where there had been an attachment before judgment under 0.38, Rule 11 of the Code of Civil Procedure. The petitioner before this Court has placed reliance upon a decision of this Court in Athiappa Asari v. Chinna Gounder, 93 L.W. 542, but the co