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1990 Supreme(Mad) 39

P.K.SETHURAMAN
V. Sudhakar – Appellant
Versus
V. Ramiah – Respondent


Advocates Appeared:
For the Plaintiffs:Mr. C. Srinivasalu, Advocate.
For the Defendants:M/s. K.V. Padmanabha Rao & P. Srinivssan, Advocates.

Judgment :-

1. This is an application filed under Or. 14, R. 8 of O.S. Rules read with S. 151 C.P.C., praying to set aside the ex parte order dated 26-2 1988 made in Application No. 3070 of 1987 directing the Registrar, City Civil Court, Madras, to transfer a sum of Rs. 30,268. 76p. lying in the credit of O.S. No. 1868/85, City Civil Court, Madras.

2. In the affidavit filed in support of the application it has been submitted that the applicant is the plaintiff in O.S. No. 1868 of 1985 on the file of the VIII Assistant Judge, City Civil Court, Madras, and a decree had been obtained in that suit and Execution petition No. 1854 of 1986 was filed in that suit, and in obedience of the order passed the garnishees have deposited a sum of Rs. 30,268-50. in the credit of the above suit. Thereafter Application No. 2713 of 1987 was filed for obtaining a cheque for the said amount. Meanwhile the judgment-debtor had filed C.S. No. 296 of 1987 along with the application No. 3070 of 1987 wherein the Judgment-debtors brother has succeeded in obtaining the ex parte orders for transfer of the amount of Rs. 30.263. 50 to the credit of C.S. No. 296/87. The applicants petition E A. No. 2713/87 for obtai















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