Judgment debtor sold property in favour of third party on 19.9.1985. Decree holder attached said property subsequently on 10.10.1985. Third party purchaser filed application for raising attachment - Attachment Raised

M. Govinda Gounder - vs. - Pichandi Pillai and another 2002(4) C.T.C. 550, in which this Court has observed:- "Code of Civil Procedure 1908, Order 21, Rule 58 - Adjudication of claims and objections to attachment of property. Property belonged to judgment debtor. Judgment debtor sold property in favour of third party on 19.9.1985. Decree holder attached said property subsequently on 10.10.1985. Third party purchaser filed application for raising attachment on ground that he is purchaser in good faith for consideration. Transfer of title was earlier to order of attachment. Burden to prove that purchase was to defraud creditor or decree holder is on decree holder by adducing evidence. Burden to prove fraud is very heavy on person pleading fraud. Burden not discharged by decree holder. Order of attachment of property was raised and application filed by third party purchaser was allowed."