- (1.)This revision petition is filed by the petitioner/defendant in I. A. 313 of 2002 in O. S. No. 168 of 2001, against the order, dated, 20-7-2002 on the file of Senior Civil Judge, Nellore.
(2.)The respondent herein filed O. S. No. 168 of 2001 for recovery of money basing on a promissory note and also filed I. A. 829 of 105 2001 under Order 38 Rule 5 of C. P. C., for attachment of the schedule property before judgment. The lower Court passed a conditional order on 5-9-2001 and made the said order absolute on 7-9-2001. Afterwards the respondent-defendant filed I. A. 313 of 2002 to raise the attachment by offering bank security for the suit amount. The lower Court dismissed the said application as devoid of merits by observing that the defendant did not furnish security as directed by the Court. The defendant being aggrieved by the order of the low,er Court preferred this revision, questioning its validity and legality. The respondent filed the suit for recovery of money. The application filed for attachment was allowed and the said attachment was also made absolute on 7-9-2001. While ordering attachment, the lower Court made the following order : Issue Ad-interim attachment of the petition schedule property in the event of the respondent failing to furnish security of Rs. 4,25,000.00 within 48 hours after service of notice on him..............."
(3.)Undisputedly, the revision petitioner was served with a notice, but he failed to furnish security within 48 hours as directed by the lower Court. Therefore, the lower Court made the attachment absolute.