NADIKATLA ANJANNA Vs. BANDI RAMAKRISHNA

JUDGEMENT

(1.) This appeal arises out of proceedings under Order 21, Rule 46 Civil P.C. Garnishees Nos. 1 to 5,8,9,11 and 12 are the appellants before the Court.

(2.) In execution of a decree obtained by him on O.S. 18/64 on the file of the Subordinate Judge, Eeluru, the respondents herein applied in E.P. 188/66 to the Court of the First Additional District Munsif, Tannuku, for attachment under Order 21, Rule 46, Civil P.C. of a 1/5th share of the rent alleged to be due to the judgment-debtors from the appellants and 3 others in respect of certain properties held by them as tenants. Garnishees Nos.6, 7 and 10 filed counter denying that the are tenants in respect of any lands belonging to the Judgment-debtors . The other garnishees resited the application contending inter alia that they have already paid away whatever was due by them to the judgment-debtors and that there was, therefore, nothing more for being attached pursuant to the decree and that the attachment is, in any view. illegal as the debt due by them did not become payable at the date on which the application for attachment was made and also because a debt, which due jointly to the judgment debtors and others, is not liable for attachment under Order 21, Rule 46, Civil P.C. The executing Court exonerated respondents Nos.6 7 and 10 in the petition; and having negatived the objections raised by the other respondents (appellants) made the attachment absolute and directed them to deposit was confirmed in appeal by the learned District. Judge, West Godavail. Hence this further appeal

(3.) Two grounds are urged in support of this appeal by Sri Jagannatha Rao, the learned counsel for the appellants to question the validity of the attachment and they are (1) the debt did not become due to the judgment-debtors at the date on which the decree-holder applied for its attachment and the attachment ordered by the executing Court. was, therefore, one of a contingent debt. and (2) the debt being one due both to the judgment-debtors and some other persons is not liable for attachment.