CHIMANDAS METHURAM Vs. MANAGER MAHADEVAPPA FIRM

JUDGEMENT

(1.) This revision petition raises an interesting question, namely whether the properties situate beyond the jurisdiction of a Court in which a suit is filed could be attached under Order 38, Rule 5 or Order 21, Rule 46 of the Code of Civil Procedure.

(2.) The material facts may be briefly stated. The first respondent plaintiff laid an action for the recovery of Rs. 5,080.00 based on a document executed by defendants 1 to 4 on 14-1-1955 to the District Munsifs Court, Adoni. Pending the suit, he applied1 for attachment before judgment of the immovable properties described in the schedule annexed to the petition and certain monies in the hands of the present appellants who were constituted trustees for the purpose of discharging the debts due by defendants 1 to 4 who were not in solvent circumstances.

(3.) The petition was opposed chiefly on the ground that as the properties were outside the local limits of the jurisdiction of the Court in which the suit was filed, they could not be attached. We are unconcerned here with the other objections to the application.