JD sold the disputed property to a third party before the date of passing of the order of Attachment - third party feels affected regarding the attachment may claim to be the owner of property and shall have the right to raise objection for attachment.

Citation

2014 0 Supreme(Mad) 47

2014 7 MLJ 17

High Court of Judicature at Madras

P.R. SHIVAKUMAR, J. 

C. Angulakshmi 

Versus 

P. Srinivasan

C.R.P. (NPD) No. 4242 of 2013

Decided On: 06-01-2014

Civil Procedure Code, 1908 - Section 115 – In the present suit Ex-parte decree was passed for the recovery of

money – Initiating the execution proceeding for the attachment and sale of the property as described in the

schedule – In which, the court rejected the attachment of property for which the objection was raised by the

judgement debtor – Further, the court held that the judgement debtor is not to be effected by the order directing

attachment of property, if he had sold the disputed property to a third party before the date of passing of the

order – Therefore, if the third party feels affected regarding the attachment may claim to be the owner of

property and shall have the right to raise objection for attachment – Thus, the third party has a remedy while the

judgement debtor has no remedy – Further, the court observed that the name of the judgement debtor was

purposely removed as to give the particulars of the questioned purchaser – Even the name of the alleged

purchaser has not been given, although the date of alienation has been mentioned, therefore no illegality is

challenged in the order seeking for interference – Hence, the petition is dismissed.