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Newbould, J.—This Rule must be made absolute. The recent ruling in the case of Sib Kumari Debi v. Secretary of State for India 55 Ind. Cas. 425 : 31 C.L.J. 363 shows that a fine cannot be imposed under Order XVI, Rule 12, Civil Procedure Code, until after attachment of property under Rule 10 of that Order. The Rule is accordingly made absolute and the fine, if paid, will be refunded, I make no order as to costs.