A.R.Somnath Iyer, J. - (1.)This revision petition is directed against an order made by the District Judge of Bellary, under the provisions of Rule 8 or Order XXXVIII of the Code of Civil Procedure, in the following circumstances :
(2.)The petitioner in this revision petition brought a suit against respondent 2 in the Court of fits Subordinate Judge of Kurnool, for the recovery of Rs. 5811-72 nP., and obtained from that Court an order for the attachment of a lorry which according to him, belonged to respondent 2. The Subordinate Judge, Kurnool, made an order far the attachment of the lorry and since the lorry was in the local limits of the jurisdiction of the District Judge of Bellary, the order of attachment was sent to the District Court of Bellary, for execution. The District Court caused the attachment to be made under the provisions of Section 136 of the Code of Civil Procedure. Thereupon, respondent 1 in this revision petition claiming to be the owner of the lorry, made an application under Rule 8 of Order XXXVIII of the Code of Civil Procedure, for the removal of the attachment. The District Court of Bellary allowed that application on condition that the petitioner should furnish security in the sum of Rs. 15000/-.
(3.)The contention urged in this revision petition which is brought by the plaintiff, is, that the District Court, Bellary, had no jurisdiction to entertain the claim made under Rule 8 of Order XXXVIII of the Code of Civil Procedure, and that the only Court before which the application could have been made by respondent 1 was the Court of the subordinate Judge, Kurnool.