An attachment before judgment in a suit which is dismissed for default will not revive merely because the suit is restored - An alienation of attached property is not completely prohibited - raising attachment should be communicated to the registering officer - judicial officers to ensure that orders raising attachment or orders dismissing suits in which an order of attachment has been granted are properly communicated to the registering officers without fail.

Citation 

2024-3-L.W. 845

(2024) 4 MLJ 398

N THE HIGH COURT OF JUDICATURE AT MADRAS

03.07.2024/ Writ Appeal No.1786 of 2024

and CMP No.12840 of 2024

R.Subramanian, J., and R.Sakthivel, J.

N. Periyasamy & another ..Appellants

Vs.

The Sub Registrar, Registration Department, Paramathi, Namakkal District & others .. Respondents

Prayer: Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order dated 06.02.2024 in WP No.2494 of 2024 by allowing this Writ Appeal.

C.P.C., Order 38 rules 11-A, 11B, section 64, effect of attachment

Registration act, Section 22-B, effect of attachment

Appellants presented a document of partition for registration Sub registrar, paramathi refused to register the document on the ground that there was an attachment order made by the sub court, namakkal which was entered in the encumbrance certificate in 2003 suit was compromised and it was dismissed for default, whether valid

held: an attachment over the property does not operate as a bar on sale of the property para 2

An attachment before judgment in a suit which is dismissed for default will not revive merely because the suit is restored An alienation of attached property is not completely prohibited Such lienation is declared to be void only against claims enforceable under the attachment mere fact that an attachment order is passed by a court does not have the effect of suspending the constitutional right to property assured under Article 300-A para 3

Non-deletion of the entry in the encumbrance certificate alone would not bring the matter within the scope of section 22-B(3) para 4

There will be a direction to the Sub Registrar, Paramathi, to register the instrument of partition para 5

Order 38 rule 11-B introduced by the Madras high court specifically provides that orders granting or raising attachment should be communicated to the registering officer within whose jurisdiction the property subject matter of the attachment is situate Rule 48A of civil rules of practice requires the court to collect Batta for communicating both orders of attachment and orders raising attachment together para 6

Direction to judicial officers to ensure that orders raising attachment or orders dismissing suits in which an order of attachment has been granted are properly communicated to the registering officers without fail.              para 7

Writ appeal allowed