THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.4109 OF 2010 02.09.2011 Between: Chokka Yesupadam …Petitioner AND Chokka Krupavalli …Respondent THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.4109 OF 2010 ORDER: The respondent is the plaintiff in O.S.No.109 of 2009. The suit was filed for recovery of about Rs.35,000/- based on a promissory note along with interest. The petitioner, who is the defendant in the said suit, is opposing the suit. In the written statement, he denied the suit transaction and challenged the promissory note. The respondent herein filed I.A.No.660 of 2009 under Order XXXVIII Rule 5 of the Code of Civil Procedure, 1908 (CPC) for attachment of an amount of Rs.50,000/- lying in Syndicate Bank, Kakinada. By an order, dated 04.06.2010, the Court of Principal Junior Civil Judge, Tuni, directed the petitioner to furnish third party security for a sum of Rs.46,000/- within fifteen days. Aggrieved by the same, the present civil revision petition is filed. This Court heard the counsel for the petitioner. He raised the only the plea that the order issued by the trail Court directing the petitioner to furnish third party security is contrary to Section 60 of CPC. This Court is not able to accept the submission. At the stage of issue of notice directing the defendant to furnish security under Order XXXVIII Rule 5, the question of validity of such order with reference to Section 60 of CPC does not arise. The petitioner still can appear before the Court below and explain as to how the amount lying in Syndicate Bank cannot be attached. Without doing the same, the petitioner rushed to this Court. Therefore, in this civil revision petition, no interference is warranted. The civil revision petition is accordingly dismissed. No costs. _______________ (V.V.S.RAO, J) 02.09.2011 Pln