BRIJKISHORE Vs. KISHORE SINGH

JUDGEMENT

(1.) THIS further appeal is directed against an affirming order of the lower appeal Court dated September 18, 1968 by which an application made by the present appellant under section 47 of the Code of Civil Procedure for setting aside an order of attachment was dismissed.

(2.) THE facts, which are material for the disposal of the present appeal, are these. In execution of a decree passed in Civil Suit No. 50a of 1964, the civil Judge, Class II, Bhopal, passed an order on May 5, 1966 to the effect that a warrant of attachment of 7 acres of land of Khasra No. 487 of village mandideep be issued In pursuance thereof, the required warrant was issued and executed on May 26, 1966. Subsequently, by a registered sale deed dated december 23, 1966, the present appellant purchased the share of the judgment-debtor in the aforesaid Khasra No. 487 of village Mandideep for Rs. 16,000. On April 12, 1967, he made an application for setting aside the order of attachment on the ground that he could not come to know of the attachment before he purchased the land because it was not validly effected in accordance with the requirements of law for two reasons : (i) a copy of the order of attachment relating to the aforesaid revenue paying land was not affixed in the office of the Collector, Raisen ; and (ii) the attachment was not properly proclaimed by beat of drum in the village. The application was opposed by the decree-holders and, on October 9, 1967, it was ultimately dismissed by the executing Court although that Court found as a fact that the mode of effecting the attachment had the two defects pointed out by the appellant. The executing Court took the view that, in spite of the two defects, the substantial legality of the attachment remained unaffected.

(3.) AGAINST the order of the executing Court, the present appellant filed in this Court Civil Revision No. 783 of 1967. It was, however, summarily dismissed on November 30, 1967 on the view that an appeal lay against the order of the executing Court.