M. VELUCHAMY GOUNDER AND ANR. Vs. K. MANI

JUDGEMENT

(1.) THE revision arises under the following circumstances:

(2.) THE respondent/decree holder filed E.A. No. 258 of 1978 in E.P.No. 152 of 1978 in OS. No. 172 of 1977 under Section 145 of the Code of Civil Procedure, to direct the revision petitioners to produce the attached movables, which are in their custody, failing which necessary orders may be passed permitting the decree holder to proceed against the revision petitioners/sureties.

(3.) THE 1st petitioner herein took possession of the movables attached before judgment and petitioners 1 and 2 executed surety bonds as evidenced by Exhibits A -5 and A -6 for the satisfaction of the suit amount. The judgment -debtor contested the attachment and after contest, the attachment was made absolute on 12th December, 1977. The decree holder levied execution against the judgment -debtor by way of arrest in E.P.No. 79 of 1978 and arrest was ordered and the defendant/judgment -debtor filed I.P. No. 12 of 1978 on 22nd September, 1978 and asked for interim protection. The same was ordered and the Execution Petition was closed. Thereafter, the application against the sureties for the same relief was filed. It was contended on behalf of the sureties that inasmuch as the suit was dismissed for default on 6th December, 1977, the attachment ceased and consequent to the cessation of that attachment, their liability to produce the movables as undertaken in terms of Exhibits A -5 and A -6 also ceased. Therefore, the application by the decree -holder was liable to be dismissed.