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1981 Supreme(All) 301

N.N.MITHAL
NATH AGRAWAL – Appellant
Versus
SRINATH – Respondent


Advocates Appeared:
R.K.MATHUR, Ravi Kant, S.C.BUDHWAR


N. N. MITHAL, J.

( 1 ) A suit for the ejectment of the revisionist was filed by the opposite party on 22nd August, 1978 after terminating his tenancy by means of a notice issued under Section 106 of the Transfer of Property Act. Along with the filing of the suit, by means of a separate application, the plaintiff prayed for attachment before judgment of certain property belonging to the defendant revisionist. The Court ordered issue of notice on this application against the defendant and also issued interim attachment order. In the notice, 4th of September, 1978 was fixed for hearing of the application. In response to this application, the revisionist made an appearance through counsel and on 3-9-1978 prayed for time to file objections against the plaintiffs application for attachment before judgment as his (defendants) counsel was going out of station for some time. This application was allowed fixing 11-9-1978 for filing objections, On 11-9-1978, the counsel for the defendant was present in Court and filed necessary objections against the plaintiffs application for attachment before judgment. The hearing of this application and objections thereon was, then, adjourned for 30th Sept




















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