ADDURU DASARATHA RAMI REDDY Vs. VAMIREDDY VISHNU MINOR

JUDGEMENT

(1.) All these revision petitions were heard together, as the same point is involved.

(2.) The point which falls for consideration is as to what security has to be furnished under O. 38, R. 6 of C.P.C. The facts Which give rise to the above point are as under: The revision petitioners herein are the defendants in OS Nos.270/91, 223/91, 219/91,221/91,225/91 and 227/91, Principal Sub Court, Tirupathi respectively. The plaintiffs-respondents in the respective suits filed petitions under O.38, R. 5 of C.P.C. for attachment before judgment of the properties referred to in the petitions. The lower Court ordered the revision petitioners to furnish security for the suit amounts failing which the attachment should be effected. Then Smt. B. Pandmaja the sister of the second revision petitioner agreed to furnish security for the suit amounts in all these cases. It is submitted for the surety that she is having 1/4th undivided share in the building under the name and style of Jyothi Talkies and the total value of the said building, is Rupees 33,00,000/- even as per the market value certified by the Sub Registrar and thus her share is Rs. 8,00,000.00 and odd. When these revision petitioners filed I.As. to accept the security furnished by Smt. B. Padmaja, the lower Court dismissed those petitions by observing as under:

(3.) It is convenient to extract O.38, R. 6 of C.P.C. to consider the point and it is as under: