BALASUBRAMANIAM Vs. S AMEER

JUDGEMENT

(1.) THE above civil revision petitions are filed by the proposed defendant in the suit O. S. No. 418 of 1986 on the file of the Principal subordinate Judge, Pondicherry, challenging the legality and correctness of the orders passed by the Principal Subordinate Judge, Pondicherry in I. A. Nos.-1875 and 1877 of 1986.

(2.) THE facts of the case are briefly as follows: THE first respondent herein as plaintiff filed the suit o. S. No. 418 of 1986 for recovery of a sum of Rs. 50,000 which was alleged to have been advanced by the first respondent to the second respondent for the purchase of the rights of the picture called Raja Rishi. THE suit is one for recovery of simple money claim filed by the first respondent against the second respondent.

(3.) THE next question to be determined is whether a commissioner can be appointed to seize the prints of the above-said pictures. THE only remedy available to the first respondent is to attach the prints of the pictures if they belong to the second respondent. No further remedy is available to the first respondent in law. Hence the remedy by way of appointment of a Commissioner to seize the prints of the pictures mentioned above is not available to the first respondent. But he is at liberty to take appropriate proceedings before the lower Court to effect the attachment of the pictures. In view of the above reasonings the civil revision petitions are allowed. THEre will be no order as to costs.