M RAGHAVALU NAIDU Vs. THANDAROYA PILLAI

JUDGEMENT

(1.) In a case pending before the learned District Munsif of Vellore a question of law arose for decision. On that question of law, it would appear from the letter of reference of the learned District Munsif that the decisions of the High Courts of Allahabad and Rangoon in two cases reported in the A.I.R. series were contrary to the decision of the Madras High Court in the case reported in Subbier V/s. Moideen Pichai A.I.R. 1923 Mad. 562. The learned District Munsif has made the present reference to the High Court to have the question of law decided for guidance in the case before him. When this reference came on for hearing, our attention was drawn to certain passages occurring in the letter of reference of the learned District Munsif, and as we consider that before proceeding further we should say what we consider to be proper with reference to those passages, we proceed at once to set out in extenso the said passages from the letter of reference. In para. 9, this is what he states: On behalf of defendant 1 Pethu Naidu V/s. Chuna Lakshmina Pillai , Maharaji of Benares V/s. Patraj Kunwar [1906] 28 All. 262 and Ma Saw Tin V/s. Hockto A.I.R. 1926 Rang. 175, were relied upon. The last two cases undoubtedly support the view taken by the first defendant.

(2.) With reference to the case reported in , he remarked as follows: It appears to me with the greatest deference that this decision is not reconcilable with the decision in Subbier V/s. Moideen Pichai A.I.R. 1923 Mad. 562.

(3.) Further in para. 10, the learned District Munsif stated as follows: With the greatest deference I also beg to submit that the view assumed in the case Subbier V/s. Moideen Pichai A.I.R. 1923 Mad. 562 that the provisions in the Civil Procedure Code relating to investigation of claims and objections to attachment contained in Order 21 apply to an objection made by a garnishee of the nature raised in the present case, does not seem to be so sound as the view taken in the Allahabad and Rangoon cases.