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SHINDE
Rameshwardayal Ramswaroop – Appellant
Versus
Bheemsen Dulichand – Respondent
1. This is an appln., in revision by the pltf. One Rameshwardayal filed a suit against Bhim Sen in the Ct. of the Civ. J. Second Class, Morar and filed an appln. under O. 38. R. 5 for attachment before judgment on 30-8-1950. The learned Judge passed the following order on the same day:
Apparently the property to be attached was within the jurisdiction of the City Civ. J. First Class, Lashkar. Hence the Civ. J., Morar, sent a Parwana in the name of Nazir of the City Civ. J.'s Ct. Lashkar stating that security to the extent of Rs. 1100 be demanded from Bhim Sen the non - Appct; if he fails to do so, his truck No. 1007 m. B. C. be attached on identification of the appct., under O. 38, R. 5, that the Parwana be returned after compliance before 4-10-1950. In pursuance of that order, the truck was attached on 31-8-1950 and as the non - Appct. refused to name a person in whose custody the truck might be given, it was given in the custody of the appct. Rameshwar Dayal on his furnishing security. On the second day, the non - Appct. appeared before the City Civ. J. Lashkar and furnished security. On this the City Civ. J. Lashkar wrote to the Civ. J. Morar that the truck be returned to
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