V RAMALINGAM Vs. KARUR VYSYA BANK LTD VILLUPURAM

JUDGEMENT

(1.) BOTH the Civil Miscellaneous Appeals are directed against the Order dated 20.8.91 passed by the Sub-Court, Villupuram in I.A. Nos 312 and 313 of 1990.

(2.) THE First respondent in this appeal viz., the Karur Vysya Bank Ltd., the plaintiff, had instituted a suit against the appellant herein and others in O.S. No. 65 of 1989 on the file of the Sub-Court, Villupuram to pass a preliminary decree of mortgage for Rs. 2,77,188/- together with interest and costs and also prayed for final decree to bring the properties hypothecated for sale. Admittedly, the suit is pending. During the pendency of the suit, the first respondent herein had filed two applications in IA. No. 312 and 313 of 1990 under Order 38, Rule 5 of CODE OF CIVIL PROCEDURE, 1908 to pass an order of Attachment before Judgment of the amounts payable by the second respondent viz., (1) Secretary, Pondicherry Housing Board, Pondicherry, (2) THE Superintending Engineer, P.W.D., Cuddalore, South Arcot District respectively. THE trial Court, by its order dated 20.8.91, allowed the applications. Aggrieved by the same, the present appeals have been filed.

(3.) ORDER 34 of C.P.C. regulates the procedure to be followed in respect of suits relating to mortgages of immovable property. Rule 2 of ORDER 34 prescribes about passing of preliminary decree and Rule 5 speaks about the final decree in a suit for sale. ORDER 34, Rule 6, of C.P.C. is the relevant provision for our case, which states,