L VENKATASWAMY CHETTY Vs. V A GANAPATHIA PILLAI
LAWS(MAD)-1952-2-28
HIGH COURT OF MADRAS
Decided on February 11,1952

L.VENKATASWAMY CHETTY Appellant
VERSUS
V.A.GANAPATHIA PILLAI Respondents

JUDGEMENT

- (1.) This is a civil revision petition filed against the order made by the learned District Judge, Tirunelveli, in C.M.A. No. 11 of 1949.
(2.) The facts are: The petitioner before us L. Venkataswami Chetty had dealings with Ganapathi Pillai who has been adjudicated an insolvent and on the foot of the transactions between them he filed a suit in the Court of the District Munsif of Coimbatore. He obtained an order for attachment before judgment and consequently a major portion of the articles mentioned in the inventory filed by Arunagiri Nadar (to whom reference will be made later) on 7-10-1948 had been attached and removed and came to be in the possession of this Venkataswami Chetty.
(3.) In these circumstances Arunagiri Nadar filed a creditor petition against this Ganapati Pillai alleging that the latter had borrowed on five promissory notes and by means of a cheque a sum of Rs. 17,000/-, that the amount due to the said Arunagiri Nadar as on 30-6-1938 was Rs. 14625-7-3, that there was a demand in August 1948 and this Ganapathi Pillai stated that he could not pay bis creditors, that this Ganapathi Pillai when the creditors sought him made himself unavailable & could not be got at though searched for several times in his house and shop and that in the meanwhile the petitioner herein Venkatasami Chetti had filed a suit against Ganapathi Pillai in the Coimbatore District MunsifJs Court and attached before judgment the clothes in Ganapathi Pillai's shop.;


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