G. K. MISRA, J.

( 1 ) BABULAL Parekh is the petitioner. He is not a party to Money Suit No. 270 of 1960 in the Court of the Second Munsif, Cuttack; but he was the manager of defendant-1 (M/s. H. J. Vralal and Co.) at the relevant time. The suit was filed on 7-7-1960 with a prayer for attachment before judgment of the movables of the defendants. On 9-7-1960, Writ of attachment before judgment was issued. On 117-1960, defendant 1 entered appearance through the petitioner and prayed for recalling the order of attachment. The attachment matter was not heard on that day. On the question of undertaking the Court passed an order to the effect-

"the defendant No. 1 has undertaken not to close down the business. " it is the violation of this undertaking which is the subject matter of this revision. It may be made clear at this stage that on 20-7-1960, the Court also passed an order to the effect "the defendants are restrained from removing or alienating any property of the shop before furnishing security. "

This order is not the subject matter of this revision as on 21-7-1960 it was recalled. On 2-8-1960, the plaintiffs filed an application for proceeding in contempt against defendant No. 1