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1978 Supreme(Mad) 542

RAMAPRASADA RAO
M. Saraswathi Achi – Appellant
Versus
Chitralaya Pictures (P) Ld, Madras – Respondent


Advocates Appeared:
For the Petitioner:M/s. K. Shanmukham & P. Murugaiyan, Advocates.
For the Respondent:M/S. N.S. Varadachuri & T.V Ramanujom, Advocates.

Judgment :-

1. This is yet another instance to show how a Judge in the City Civil Court, Madras acts and how he understands the provisions of the Civil Procedure Code. Elementary principles as to what is an issue and what has to be done when the Legislature mandates a Court to determine an issue have not been borne in mind by this Judge. A petition for attachment of certain moneys in the hands of the respondent as garnishee was taken in the year 1972. That was in E.P. No. 365 of 1972. Then the garnishee-respondent did not file any counter affidavit denying that it had no amount belonging to the judgment-debtor in its hands. Thereafter, the order was made absolute on 15th March 1972. In spite of the fact that such an order, which was an order which could be passed by a competent court, was passed and remained unchallenged for nearly a year thereafter, the garnishee did not take any steps to comply with the order passed against it. This, therefore, necessitated the decree-holder to file the present petition E.P. No. 2012 of 1972 on the file of the City Civil Court, Madras, for a direction to the garnishee to bring the amount, already attached in E.P. No. 365 of 1972 and said to be wit












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