There is no authority for the contention that an attachment before judgment which has come to an end with the dismissal of the suit, is restored when the suit is restored to file, in spite of an alienation of the property in the meanwhile. The case of Saranatha Ayyangar v. Muthiah Mooppanar (57 Mad. 308 [LQ/MadHC/1933/186] at p. 312 = 38 L.W. 887) cited by the learned Advocate for the appellant is expressly against him on this point.
This appeal is accordingly dismissed with costs (one set between the two respondents.)
(Leave refused).
Minor Jali Basappa By Next Friend Nagamma v. Heerada Rudrapa And Another
Minor Jali Basappa By Next Friend Nagamma v. Heerada Rudrapa And Another
(High Court Of Judicature At Madras)
Appeal Against Order No. 25 Of 1935 | 29-09-1938
Advocate List
Bench
- HON'BLE MR. JUSTICE BURN
Eq Citations
- (1938) 2 MLJ 1053
- 1939 MWN 639
- AIR 1939 MAD 167
- LQ/MadHC/1938/322
Head Note
Civil Procedure Code, 1908 — S. 94 — Attachment before judgment — Restoration of, in spite of alienation of property in the meanwhile — Held, no authority for such contention — Appeal dismissed
