1. The Miscellaneous First Appeal and the Revision Petition by defendant No. 1 are directed against the order dated 16-2-1983, passed by the Civil Judge, Bhadravathi, in O. S. 10/83, ordering attachment of moveables before judgment.

2. The plaintiff filed the suit against defendants 1 and 2 to recover Rs. 43,74,821.30 as the price of the sale of stainless steel flats to defendant No. 1. After filing the suit on 16-2-1983, the plaintiff filed the application under O.38, R.5 C.P.C. seeking attachment of the moveables of defendant No. 1 before judgment alleging that defendant No. 1 with intent to obstruct or delay the execution of the decree that may be passed against him, is trying to dispose of his property.

3. The Court below after hearing the plaintiff's counsel issued ex parte order of attachment of the moveables under O.38, R.5. The defendant No. 1 being aggrieved by the said ex parte order of attachment of the movables, initially filed the Misc. Appeal. However, as a matter of precaution and in view of the ruling reported in Narayana Rao v. Kasturi, ILR (1973) Mys 497, defendant No. 4 filed the revision also. Hence both the matters have come up for hearing today.

4. Learned Sen