UNION BANK OF INDIA Vs. D VENKATARAMIAH

JUDGEMENT

(1.) The Plaintiff-appellant, having filed the suit, applied for attachment before judgment of paddy stored in the house of the first defendant. It was ordered, against which an appeal was preferred. The learned single Judge held that, by virtue of O.XXXVIII, R.12 of the Civil P.C., 'agricultural produce' cannot be attached before judgment at all. Order XXXVIII, R.12 CPC reads as follows : -

(2.) So far as the present case is concerned, what is attached is paddy. It is undoubtedly an 'Agricultural produce'. If so, it cannot be attached by virtue of R.12 of O.XXXVIII, CPC. This is the view taken by a learned single Judge of the Kerala High Court in Vasu v. Narayanan, AIR 1962 Ker 261. The learned Judge has rightly pointed out that, while the prohibition under Ss.60 and 61 is partial, the prohibition under O.XXXVIII, R.12 CPC is complete. We agree with him.

(3.) For the above reasons, the LPA fails and is dismissed. No costs. Appeal dismissed.