D J DHANRAJ Vs. D VENKATARATHINAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the learned X Assistant Judge, City Civil Court, Madras, in E.A.No.6326 of 1979 in E.P.No.1791 of 1979 in O.S.No.5709 of 1978. The application before the Court below is the appellant before this Court.

(2.) THE second respondent herein being the plaintiff in O.S.No.5709 of 1978 on the file of the city Civil Court, Madras, obtained a decree against the first respondent, on a promissory note. An interim order of attachment of the suit property was obtained on 19.7.1978 and made absolute on 15.9.1978. A decree was also granted on 16.4.1979. E.P.No.1791 of 1979 was filed by the decree-holder/second respondent for the sale of the property. It is at that juncture the appellant came forward with a claim petition in E.A.No.6326 of 1979 under Order 21, Rule 58 CPC.

(3.) EXCEPT for the issue as regards the validity of the order of attachment, all other points which arise for consideration in this appeal are issues which depend purely upon the appreciation of evidence. Even though this court is entitled to reappraise the evidence, we have only to see whether the trial court which had the advantage of watching the demand out of the witnesses, had properly considered the relevant places of evidence. A perusal of the judgment of the trial court shows that all points raised by the appellant had been duly examined and discussed in a detailed manner. However, considering that the learned counsel for the appellant had advanced very elaborate submissions on factual issues also, I have independently considered the evidence and I do not find any reason to interfere with the findings arrived at by the trial court, as discussed below.