SASHI BAG Vs. DIBYA SHANKAR PADHAN AND ORS.

JUDGEMENT

(1.) THIS revision is directed against the order passed by the learned District Judge, Sambalpur upholding the order passed by the learned Subordinate Judge, Bargarh, rejecting the petition of the Petitioner under Order 21, Rule 58 of the Code of Civil Procedure ('Code' for short).

(2.) THE undisputed facts are that opposite party No. 1 instituted Money Suit No. 2 of 1974 against opposite party No. 2 in the court of the learned Subordinate Judge, Bargarh, during the pendency of the suit, Ac. O. 62 decimals of land out of plot No. 965 of Khata No. 32 of village Nagoan along with some other lands belonging to opposite party No. 2, which in the present proceeding in the disputed land, was attached before judgment under Order 38, Rule 5 of the Code on 4 -3 -1974. Opposite party No. 2 on 22 -3 -1974 executed a registered sale -deed in favour of the Petitioner in respect of Ac. O. 72 decimals out of plot No. 965 for consideration of Rs. 2, 500/ -.

(3.) THE learned Subordinate Judge held that the sale was a sham and nominal transaction without consideration brought into existence to defeat the claim of opposite party No. 1. As the attachment was effected on 4 -3 -1974 and the sale -deed was executed on 22 -3 -1974, by operation of the provisions of Section 64 of the Code, the Petitioner did not acquire any title in respect of the land. Therefore, he rejected the petition under Order 21, Rule 58 of the Code. On appeal the learned District Judge confirmed the view of the learned Subordinate Judge and dismissed the appeal.