MADRAS CHIT FUND LTD Vs. KRISHNAMURTHY

JUDGEMENT

(1.) This is an appeal filed by the decree holder from an order, dismissing his application for execution of the decree in O. S. 125 of 1952 of the Palghat Sub Court and raising the attachment of the properties scheduled to that application, on the objection of the 2nd respondent in this appeal. The 2nd respondent in C. R. P. 256 of 1961 had filed a petition under O.21 R.58 objecting to the attachment of the properties. That petition was tried, and heard along with the objection petition filed by the 2nd respondent in this appeal and a common order has been passed by the court below.

(2.) A preliminary objection is raised by counsel for the respondents to the effect that no appeal lies from the order of the lower court. In order to appreciate the nature of the preliminary objection, it is necessary to state briefly the facts.

(3.) The appellant obtained a decree for money against respondents 1&2. It was a decree passed against them severally and in execution of this decree, the properties alleged to belong to the respondents were attached.