LAWS(APH)-2004-8-48

RACHAMALLA NAGI REDDY Vs. PASURULA NAGANNA

Decided On August 03, 2004
RACHAMALLA NAGI REDDY Appellant
V/S
PASURULA NAGANNA Respondents

JUDGEMENT

(1.) The interesting question involved in this civil revision petition is, as to whether the decree-holder, who obtained an order of attachment before judgment under Order 38, Rule 5 of the Code of Civil Procedure and subsequently got the suit decreed in his favour is a secured creditor, as contemplated under Section 28(6) of the Provincial Insolvency Act, 1920 (for short 'the Act').

(2.) The petitioner is the judgment-debtor and the respondent is the decree-holder.

(3.) For the sake of convenience, the petitioner and the respondent will be referred to as the "judgment-debtor and the decree- holder " respectively.