Suit property was not attached prior to adjudication of Petitioner as insolvent Order of Attachment is ineffective

Citation

2015 (1) CTC 263 (Mad)

IN THE HIGH COURT OF MADRAS

1. MATHIVANAN, J.

CRP.(NPD) No 1175 of 2005 & CM.P. No.8261 of 2005.

T. Krishnan

Leelavathiammal

November 28, 2012

Petitioner

...Respondent

Provindal Insolvency Act, 1920 (5 of 1920), Sections 10, 28 & 29-Revision against Order directing sale of property in Execution proceeding - Decree passed on 20.10.2000 Decree neither created lien nor charge over said property Pursuant to decree, Execution Petition for attaching Suit property was filed on 27.11.2003- On date of filing Execution Petition, property was not attached Defendant was adjudicated insolvent on 25.11.2002, itself-Suit property was not attached prior to adjudication of Petitioner as insolvent Order of Attachment is ineffective Revision allowed.