Husband barrowed money - issued cheque and subsequently died - wife inherited property from husband - Liable to attachment

Citation

AIROnline 2023 MAD 66

Madras High Court

(MADURAI BENCH)

B. PUGALENDHI , J.

CRP(MD) - 2088 of 2022 D/- 20 - 2 - 2023

Ganapathiammal v. Kanagalakshmi

Civil P.C. (5 of 1908), O.38 R.5, S.151 - Attachment before judgment - Dismissal of application - Suit for recovery of money - Case of plaintiffs that husband of defendant had availed the loan and for security, he executed the promissory note - Husband of defendant produced two

cheques but before encashment of cheques, he died - When plaintiffs demanded repayment of loan, defendant denied the loan availed from them - Defendant was attempting to alienate the

properties of her husband in her favour - Properties of defendant were liable to be attached before judgment - Dismissal of application, not proper. AIR 2000 Mad 213-Followed (Paras 7 , 9)