N KRISHNAN Vs. ORANGE VALLEY TEA INDUSTRY

JUDGEMENT

(1.) THE above appeal is directed against the order dated 2. 7. 2001 made in A. S. No. 7 of 2001 on the file of the District Judge, Nilgiris, at Uthagamandalam upholding the claim of the first respondent and reversing the judgment and decree dated 3. 1. 2001 made in E. A. No. 134 of 1999 in E. P. No. 32 of 1998 in O. S. No. 49 of 1996 on the file of the Sub-Judge, Uthagamandalam wherein the properties of the first respondent-firm/third party/claimant were attached in lieu of the liability of the second respondent/judgment-debtor/defendant in the suit O. S. No. 49 of 1996.

(2.) 2. 1. Admittedly, the appellant/decree-holder/plaintiff obtained a decree against the second respondent/judgment-debtor/defendant in o. S. No. 49 of 1996, who was a partner in the first respondent-firm, under a partnership by contract during the period 1. 11. 1989 to 22. 6. 1996. 2. 2. Even though the Execution Court dismissed the claim of the first respondent/third party/claimant and refused to raise the attachment by an order dated 3. 1. 2001 made in E. A. No. 134 of 1999 in E. P. No. 32 of 1998 in O. S. No. 49 of 1996, on appeal the learned District Judge, Nilgiris by judgment and decree dated 2. 7. 2001 made in A. S. No. 7 of 2001 upheld the claim of the first respondent-firm, taking note of the fact that the second respondent/judgment-debtor/defendant ceased to be a partner of the first respondent-firm with effect from 22. 6. 1996, whereas the properties of the first respondent-firm/third party/claimant were attached only on 12. 7. 1996. Hence, this civil miscellaneous second appeal.