( 1 ) THE appellants in both the appeals are judgment-debtors in decree No. 59 of 1958 of the Court of Civil Judge, Kanpur, which was passed ex parte on 19th May, 1958, and the respondents are the Firm Haji Sanaullah and sons, who are decree-holders in the aforesaid decree.

( 2 ) WHILE the suit was still pending, the respondents moved an application for attachment before judgment under Order XXXVIII, Rule 5 of the Code of Civil Procedure, (to be referred to hereafter as the Code ). The property sought to be attached was, however, situated at Lucknow aud he order for attachment of the property was, therefore, sent to Lucknow under Sub-section (1) of Section 136 of the Code. This Sub-section (1) of Section 136, however, requires that the order of attachment shall be sent to the District Court within the local limits of whose jurisdiction the property is situate and under Sub-section (2) of the same section it is open to the district Court to have the attachment made by its own officers or by a Court subordinate to itself. What the Civil Judge at Kanpur. however, did was that the order of attachment was sent direct to civil Judge, Lucknow. who even ordered the attachm