O LAXMIREDDY Vs. VADLA VEERAIAH

JUDGEMENT

(1.) This revision petition is filed by the plaintiff being aggrieved by the Order and Decree dated 17-3-1999 in I.A.No. 372 of 1998 in O.S.No. 85 of 1998 on the file of the Principal Junior Civil Judge, Nandikotkur. By the impugned order and decree, the Court below dismissed the I.A. of the plaintiff for attachment before judgment.

(2.) The Court below observed that the defendant is a Carpenter and an Agriculturist and the house in question is the only residential house, and the same is not liable for attachment and sale under Section 60 (1) (c) of C.P.C. The Court below relied upon a judgment of this court reported in "C. Ramaiah vs. Guravaiah".

(3.) Heard the learned Counsel of both sides. The Counsel appearing for the petitioner-plaintiff strenuously contended that the Court below has erred in applying the principles of Section 60 (1) (c) C.P.C. to an application now filed by the petitioner plaintiff for attachment before judgment under Order 38 Rule 1 and 5 C.P.C.