JANGALA VENKATESWARARAO Vs. LAKKAPRAGADA SRIRAMAMURTY AND OTHERS

JUDGEMENT

(1.) The respondent even though served is not represented. Heard counsel for the petitioner.

(2.) The facts which have led up to this revision petition are that a suit was filed by the petitioner herein for the recovery of a sum of Rs. 1,257-12-0 due on a promissory note in the Court of the District Munsiff, Masulipatam, being O. S. 515/53. Along with the suit the plaintiff filed an application for attachment before judgment. The Munsiff passed an order on 3rd of November, 1953, ordering interim attachment with notice to the defendants. After this order was passed and attachment effected, a notification was issued by the Government on the 26th of February, 1954, by which the small causes jurisdiction of the subordinate Judge, Masulipatam, was increased form Rs. 1,000/- to Rs. 2,000/-, Evidently in consequence of this notification all suits of the value of over Rs. 1,000/- were transferred to the Subordinate Judge on the small causes side. Likewise this suit was also transferred to the Subordinate Judge on the small causes side and renumbered 257/54. The plaintiff filed an application before the District Judge for a re-transfer of the case to the Munsiff on the original side contending that the suit could not be transferred to the small causes side having been instituted originally as an O. S. Before even this application came up for hearing, the application for attachment before judgment which was filed before the District Munsiff came up for hearing before the Subordinate Judge who had now seizure of the case and the Subordinate Judge passed an order to the following effect:-

(3.) Evidently the Subordinate Judge was of the opinion that no attachment could be effected of immoveable properties by a Small Causes Court. The plaintiff has now come up in revision before this Court.