Husband of defendant had availed the loan and for security, he executed the promissory note and handover two cheques - he died - Suit against wife for recovery of money - wife attempting to alienate the properties of her husband in her favour - Properties of defendant were liable to be attached before judgment.

Citation

AIR 2023 MADRAS 99

MADRAS HIGH COURT

(MADURAI BENCH)

: AIROnline 2023 MAD 66

B. PUGALENDHI , J.

C.R.P.(MD) No. 2088 of 2022, D/- 20 - 2 -

2023

Ganapathiammal and Anr. 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)