M V RAJASEKARAN Vs. BALAGANGADHARAN

JUDGEMENT

(1.) THE above appeal has been filed against the order dated 6-2-1982 of the Sub Court, Salem, made in R.E.A. No. 832 of 1981 in B.E.P. No. 153 of 1981 in C.S. No. 992 of 1979, whereunder the court below allowed a claim petition filed under Order 21 Rule 58 and Section 151 of the Code of Civil Procedure, filed by first respondent herein.

(2.) THE appellant before me is the decree-holder who filed O.S. 992 of 1979 on 21-8-1979 for recovery of Rs. 34,210/against the second respondent with a petition for attachment before judgment of the bus belonging to the said second respondent. THE second respondent appears to have given an undertaking not to alienate the bus till security was given and the undertaking was in force when the suit itself came to be decreed on 24-11-1980. It further transpires from the records that on 26-6-1980, the second respondent transfered the bus in question to the first respondent, and conse quently, not only there was necessary muta tion in the Certificate of Registration, but the first respondent, in turn entered into a hire purchase agreement with Messrs Sun-daram Finance Limited on 9-10-1990 and has been remitting the necessary instalments in respect of the said agreement. While matters stood thus, when execution proceed ings were initiated subsequent to the decree, the executing court appears to have ordered attachment of the bus on 9-9-1981. and on 10-9-1981 the bus was attached. Hence, as per records, the attachment was effected for the first time only on 10-9-1981 and not before. This position is not in dispute. It is at this stage, the first respondent herein made the claim pettition before the Court below.

(3.) IN the result, the appeal fails and is dismissed. However, there will be no order as to costs.