JUDGMENT

1. This appeal arises out of proceedings instituted under Act III of 1907. One Mushtaq Ahmad, who is a resident of Mauza Kara in the district of Allahabad, used to carry on business as a contractor and dealer in timber. He entered into a contract for the supply of certain number of sleepers to one Habibullah, a merchant of Agra. He was not able to perform his part of the contract and Habibullah consequently brought a suit against him on the 15th of April 1913, for the recovery of a sum of Rs. 2,468 for the breach of the contract. The exact date on which the suit was filed is not noted on the copy of the plaint on the record, but the copy shows that it was verified by the plaintiff on the 15th of April 1913, which we take to be the date of the institution of the suit. Soon after the institution of the suit the plaintiff Habibullah applied for the attachment of a deposit held by a Bank, which is described as Jamal Ahmad Bank at Kara. The Court granted the application on the 16th of April 1913, and directed the issue of an injunction to Mushtaq Ahmad restraining him from drawing the deposit as also an order to the Bank restraining it from paying it off to Mushtaq Ahmad. Both t