Property attached after its sale to athird party - petition under R.58 by claimant is not maintainable - petition under R.90 by claimant is maintainable.

Citation

AIR 1975 MADRAS 147

MADRAS HIGH COURT

(Principal Seat at MADRAS)

KAILASAM , J. and N. S. RAMASWAMI , J. and RAMANUJAM , J.

A.A.O. No. 80 of 1971, by Kailasam and Ramaswami, JJ. on 22-08-73 and by Ramanujam, J., D/- 10 - 1 - 1974

Saraswathi Ammal Appellants v. Manickavasaka Reddiar and another Respondents

Civil P.C. (5 of 1908), O.21 R.58, O.21 R.63, O.21 R.90 - Property attached after its sale to a

third party - Petition under R.58 dismissed and claimant not filing suit under R.3 - Subsequent

petition under R.90 by claimant is maintainable - Scope of executing court on matter being

remanded.