BABULAL PAREKH Vs. LACHMINARAYAN SWALRAM

JUDGEMENT

(1.) BABULAL Parekh is the petitioner. He is not a party to Money Suit No. 270 of 1960 in the Court of the Second Munsif, Cuttack; but he was the manager of defendant-1 (M/s. H. J. Vralal and Co.) at the relevant time. The suit was filed on 7-7-1960 with a prayer for attachment before judgment of the movables of the defendants. On 9-7-1960, Writ of attachment before judgment was issued. On 117-1960, defendant 1 entered appearance through the petitioner and prayed for recalling the order of attachment. The attachment matter was not heard on that day. On the question of undertaking the Court passed an order to the effect-

(2.) ON 1-12-1960, the petitioner filed his objection stating that he was not a party to the suit, but appeared in the proceeding under Order 38, Rule 5 C. P. C. in that suit as the manager representing the Company (defendant-1), that the shop house was located in a rented house, that as the landlord threatened the objector with dire consequences on account of non-payment of rental, the objector was obliged to remove the business premises to Maha-madia Bazar in the town of cuttack, that all that was sold on 19-7-1960 were the almirahs and the iron safe which had been embedded into the walls, and that the application under Order 39, rule 2, C. P. C. is not maintainable against him.

(3.) MISC. case No. 188 of 1960 was started under Order 39, Rule 2 C. P. C. On 2610-1961, Sri A. K. Patra. Munsif, Second Court, passed the following order-