Attachment made absolute only its actual proclamation under order 21 rule 54 - property purchased before attachment is valid not affected under section 64 - rest two item of property is sufficient to satisfy the degree - one item raised.- Attachment give no right.

Citation

CDJ 2009 MHC 5463

Alagarsamy and others vs Krishnan and others

Head Note

Civil Procedure Code – Section 47, 64, Order 38 Rule7, 10, Order 21 Rule 54, 64 - Civil Revision Petition filed by the plaintiffs against the order passed by the Subordinate Judge - petitioners filed said suit against the respondents 2 and 3 for recovery of an amount – filed application for attachment of the properties - three items of the properties were attached - 1st respondent, a third party to the suit filed petition to raise the attachment of item (2) mentioned property on the ground he is the bona fide purchaser for value – court allowed application on the ground that the other items of properties are sufficient to realise the claim – plaintiffs contend that the court having found that the 1st respondent is not a bona fide purchaser ought to have dismissed the petition - 1st respondent submit that he is the bona fide purchaser for value, having purchased the property by a registered sale deed one day prior to the date on which the respondents 2 and 3 were directed to furnish security for the suit claim - order of attachment and the original attachment happened only after the date of sale - the respondents 2 and 3 sold the property despite the statement made by them before the court that they had no intention to sell the property.

Court Held - It is clear that attachment of property confers on the decree holder no title, charge, lean or right in the property and takes effect only from the date of its actual promulgation under Order 21 Rule 54 of CPC - since the 1st respondent has purchased property before attachment was made sale cannot be held void – apart other two items are sufficient to satisfy the claim of the petitioners - Civil Revision Petition dismissed.

(Paras 2, 6, 7 & 10)

Cases Referred:
Anu Radha Gandhi Vs. Ramanup Singh [AIR-1950-Patna-156],
Hamda Ammal Vs. Avadiappa Pather [1991-1-SCC-71]