Norman Macleod, Kt., C.J.@mdashThe plaintiff filed this suit to recover on a promissory note signed by the defendant on May 11, 1925. The
promissory note recites an agreement previously arrived at on May 9, between two parties Bhaskar Balvant Kulkarni and the plaintiff. It would
appear from the recitals in that agreement that the parties were transacting certain business in grocery at Nagar and Bombay, and the agreement
was effected in order to settle the responsibilities between the parties. In consequence of that agreement the promissory note in suit was signed. An
application was made to the Court by the plaintiff for an order against the defendant for attachment before judgment on the ground that the
defendant was about to dispose of the whole or any part of his property with intent to obstruct or delay the execution of any decree that might be
passed against him.
2. Whether as a matter of fact a defendant has brought himself within the provisions of Order XXXVIII, Rule 5, is always a difficult question for a
Court to decide on affidavits. Considering the joint interest which the parties previously had, and the fact that the documents show that an
arrangement was arrived at for the dissolution of those interests, it is difficult to say on the materials before us that the plaintiff has proved sufficient
facts to enable this Court to make an order for attachment before judgment which has already been refused by the Chamber Judge.
3. It is not suggested that the defendant has any property within the local limits of the jurisdiction of this Court. It appears, however, that when an
ex parte order was obtained by the plaintiff for attachment before judgment of the defendant''s property, outside the local limits, the attachment
was effected by a clerk in the plaintiff''s attorney''s office, who was appointed as a special bailiff for that purpose. That clerk had levied the
attachment without even furnishing the usual returns to the Sheriff''s office stating particulars of the attachment levied or the inventory of the goods
attached. We are told that when an attachment before judgment is ordered of property outside the local limits of the jurisdiction of this Court, it has
been the practice for the plaintiff to obtain an order in chambers appointing his solicitor''s clerk a special bailiff for the purpose of levying
attachment. We think that such a practice is entirely wrong and must be stopped If the property of the defendant sought to be attached is outside
the local limits of the jurisdiction of this Court, the proper course for the Court to follow is to transmit the order for attachment before judgment to
the Court in whose jurisdiction the property is stated with a request that that Court should levy the attachment.
4. The appeal will be dismissed with costs.