B. DAYAL, J. :- This Second Appeal by the defendants has been referred to a Division Bench by a learned single Judge of this Court as an important question relating to the validity of the attachment was to be decided. The facts of the case are not in dispute and may be stated briefly as follows : One Pt. Babulal Misra (defendant No. 1) was the owner of house No. 86/155 Raipurwa, Kanpur city. L. Srikrishna Gupta and L. Mahabir Pd. Gupta (defendants Nos. 2 and 3) filed a suit (suit No. 174 of 1950) for realisation of money against defendant No. 1. On the 2nd of May, 1950 they applied for attachment before judgment of the house in question. The trial court, on the said application, passed the following order: "Issue notice and attach meanwhile". This is Ext. 3 on the record. On the 3rd of May, 1950 notice was issued against defendant Pt. Babulal Misra prohibiting him from alienating the property (Ext. 4). On the same date, a warrant of attachment was also issued (Ext. B-9) specifying the details of the property and directing the Amin to effect an attachment. On the same date, the Amin went to the spot and according to his report (Ext. B-8) he announced attachment by beat of d