NARAYANARU NAMPIATHIRI Vs. GOVINDAN NAIR

JUDGEMENT

(1.) The decree holder in Small Cause Suit No. 37 of 1957 on the file of the Pathanamthitta Munsiffs Court attached the unpaid purchase money due from the petitioner in this C. R. P. to the 2nd defendant in the case. The petitioner contended that he had discharged the amount payable to the 2nd defendant under two unregistered receipts on dates prior to the attachment and therefore he was not liable to pay anything under the attachment. The liability of the petitioner was therefore enquired into by the learned Munsiff under R.46-C of O.21, C. P. C. and it was found that the discharge pleaded was untrue and that the garnishee was liable to deposit the amount in court as per the attachment. The garnishee has come up fora revision of the above said order.

(2.) It is pointed out by the learned counsel for the respondent that the impugned order is appealable under R.46-1 of O.21, C.P.C. and therefore this petition for revision of the same is incompetent.

(3.) O.21, R.46-1 reads: