MUTTANGI JAGGAYYA Vs. RAMANUJAM VENKATA NARSIMHARAO

JUDGEMENT

(1.) This civil revision petition and the appeal are against the judgment of the learned District Judge of Rajahmundry in C. M. A. No. 71 of 1947 confirming the order of the learned Subordinate Judge of Rajahmundry in I. A. NO. 1103 of 1947 in O. S. No. 43 of 1936.

(2.) The facts ate: Pandari Brothers obtained a decree in O. S. No. 5 of 1927 against Ramanujam Brothers, who are the contesting respondents in both the lower courts. This decree in O. S No. 5 of 1927 obtained on 4th March 1935 was confirmed by the High Court in A. S. Nos. 299 of 1936 and 329 of 1937. There was a transfer of the decree in O. S. No. 5 of 1927 in favour of the present petitioner Sri Muttangi Jaggayya. This was on 11-11-1940. In the meanwhile, O. S. No 43 of 1936 on the file of the Sub Court, Rajahmundry, a suit for accounts, had been filed by Ramanujam Brothers against the defendants herein. On 30-9-1940, a preliminary decree for accounts in O. S. No. 43 of 1936 was passed against the 2nd defendant alone. In E. A. No. 337 of 1941, the decree in O. S. No. 5 of 1927 was transferred to the District Court of Rajahmundry for execution. On 27-3-1945, the decree in A. S. No. 160 of 1942 preferred against the decree in O. S. No. 43 of 1938 was passed in which the preliminary decree for accounts was given against defendants 5 and 6 also in the said suit. On 6-4-1945, E. P. No. 47 of 1945 in O. Section No. 5 of 1927 was filed in the District Court of Rajahmundry for attachment of the decrees passed in O. Section No. 43 of 1936, Sub Court, Rajahmundry, and in A. Section No. 160 of 1942, District Court, Rajah-mundry. On 5-7-1945, attachment was effected of the appellate decree in A. Section No. 160 of 1942. On 11-7-1945, attachment was effected of the decree in O. Section No. 43 of 1936, Sub Court, Rajahmundry. On 25-8-1945, the attachment was made absolute after notice to all parties. The defeated party in A. Section No. 160 of 1946 had filed a second appeal, 8. A. No. 857 of 1945 in the High Court and it was dismissed on 2-9-1946. Then on 60-9 1947. the present I. A. No. 1103 of 1947 in O. Section No. 43 of 1936 had been filed to add this Jaggayya as a party plaintiff and permit him to carry on further proceedings.

(3.) The points for determination, which arose in both the lower courts, were threefold, viz,. whether the preliminary decree for taking accounts could be attached; secondly, whether this attachment entitled Jaggayya to come on record as supplemental plaintiff to carry on further proceedings; and thirdly, whether notice to the judgment debtors (decree-holders) by the court which passed the decree was necessary. Both the lower courts found against the petitioner on all these three points and hence this civil revision petition and the appeal.