MADDU VENKATA SUBBAIAH Vs. ALANE ADINARAYANA

JUDGEMENT

(1.) THIS civil revision petition raises an interesting question of law as to the interpretation of Section 73, C.P.C. The petitioner herein filed Small Cause Suit No. 312 of 1952 and obtained a decree on 31 -7 -1952. He filed I.A. No. 878 of 1950 and obtained attachment before judgment of two National Savings Certificates standing in the name of the Defendant and given as security before the Collector of Guntur in respect of a licence issued in his name. The attachment before judgment was made absolute on 20 -9 -1950 after the suit was decreed.

(2.) THE meaning of the expression "assets" given in the Concise Oxford Dictionary (4th Edn.) is

(3.) THE further question that was raised in, 45 Cal WN 674 (B) was whether the cheque that was issued by the District Court could be regarded as "assets" and the learned Judges held that as the cheque was issued by the District Judge it might be regarded as equivalent to cash or money. I agree with those two decisions and hold that the expression "assets" in Section 73 must be understood as referring only to money.'