Chennai Court August 2006 Judgments

Pinna thevar Vs. M.S. Maniam and S. Jayaseelan

Court: Chennai

Reported in: (2006)4MLJ820

ORDERM. Jeyapaul, J.1. The appellant herein filed an application in his capacity as thirdparty in E.A. No. 70/04 in E.P. No. 108/04 in O.S. No. 159/03 under Order XXI Rule 58 and Order XXXVIII Rule 8 of the Code of Civil Procedure to remove the attachment made in the suit property. The said petition was dismissed by the Execution Court as against which C.M.A. No. 13/05 was preferred before the District Judge, Nagapattinam. A concurrent verdict was recorded by the appellate Judge in C.M.A. No. 13/05. The petitioner herein, who is a third-party to the trial proceedings and has lost his plea to raise the attachment, both before the trial court as well as before the appellate court, has come forward with the present appeal. 2. The suit was filed by the first respondent herein as against the 2nd respondent on 21.10.03 for recovery of a pro-note debt from the 2nd respondent. On the very same day, notice was ordered in I.A. No. 4 21/03 in O.S. No. 159/03 directing the 2nd respondent to furnis...