COMMON JUDGMENT

(Judgment of the Court was made by DR.G.JAYACHANDRAN, J.)

These Civil Miscellaneous Appeals are directed against the order passed by the trial Court in the Interlocutory Applications filed by the third party [second respondent in both the appeals], to raise attachment before judgment and succeeded.

2.The brief facts common to both the appeals are as follows:-

(i) One Rajasekaran, who is the first respondent in both the appeals alleged to have borrowed a sum of Rs.25,00,000/- on 16.04.2008 from one R.S.Gandhi, the plaintiff in O.S.No.46 of 2010. He has not repaid the loan amount, despite promise to pay the same with interest on demand, on executing a Pro-note. After issuance of the pre-suit notice, the suit in O.S.No.46 of 2010, for recovery of Rs.31,10,833/- was filed before the Principal District Court, Virudhunagar District at Srivilliputhur.

(ii) Similar suit was instituted against Rajasekaran by K.Thirumalaivadivu, W/o.R.S.Gandhi, in O.S.No.47 of 2010, on the file of the Principal District Court, Virudhunagar at Srivilliputhur, alleging that he borrowed a sum of Rs.20,00,000/- on 22.05.2008 and promised to repay it with interest at Rs.1/- per Rs.100/- per month. Des