PINNA THEVAR Vs. M S MANIAM

JUDGEMENT

(1.) THE appellant herein filed an application in his capacity as third-party in E. A. No. 70/04 in E. P. No. 108/04 in O. S. No. 159/03 under Order XXI Rule 58 and Order XXXVIII Rule 8 of the Code of Civil Procedure to remove the attachment made in the suit property. The said petition was dismissed by the Execution Court as against which C. M. A. No. 13/05 was preferred before the District Judge, Nagapattinam. A concurrent verdict was recorded by the appellate Judge in C. M. A. No. 13/05. The petitioner herein, who is a third-party to the trial proceedings and has lost his plea to raise the attachment, both before the trial court as well as before the appellate court, has come forward with the present appeal.

(2.) THE suit was filed by the first respondent herein as against the 2nd respondent on 21. 10. 03 for recovery of a pro-note debt from the 2nd respondent. On the very same day, notice was ordered in I. A. No. 421/03 in O. S. No. 159/03 directing the 2nd respondent to furnish security for the said amount. As the 2nd respondent did not furnish any security, an order of attachment was made on 14. 11. 03 and the order of attachment was effected on 25. 11. 03. Thereafter, the suit was decreed in favour of the first respondent. Based on such decree obtained by the first respondent, E. P. No. 108/04 was laid by the first respondent against the 2nd respondent.

(3.) THE appellant, who is a third-party, filed an application to raise the attachment on the ground that he having entered into an agreement for sale way back on 5. 11. 02, clinched the sale transaction by way of a sale deed dated 21. 10. 03 in respect of the suit property. The order of attachment effected on 25. 11. 03, well after the execution of the sale deed in favour of the appellant based on the agreement for sale dated 5. 11. 02, will not bind the appellant. Therefore, the appellant has prayed for raising the attachment made, subsequent to his purchase, in the suit in O. S. No. 159/03.