JAGANNATH PRASAD Vs. MAHABIR RAM KUMAR

JUDGEMENT

(1.) This is an application in revision by the plaintiff and is directed against an order of the Munsif of Jamshedpur dated 17-9-1952, whereby he allowed the claim of Lukhia Kumarin, opposite party 2, and released certain property from attachment.

(2.) The petitioner filed a money suit, No. 534 of 1951, on the basis of a handnote, on 22-9-1951, and, on the same date, filed an application for attachment before judgment of a house, belonging to the defendant, under the provisions of Order 38, Civil P. C. The learned Munsif issued rule on that application, and passed an ad interim order of attachment. The attachment, however, was actually effected on the spot on 25-9-1951, but a day earlier, that is, on 24th September, the defendant, who is opposite party 1 in this case, executed a sale deed in favour of opposite party 2, who is his sister. She objected to the attachment and preferred a claim on 10-4-1952. Both parties adduced evidence in the case, and on consideration of the evidence, the learned Munsif came to the conclusion that the claimant was possessed of the house property in her own right on the date of the attachment. He, therefore, allowed the application and released the house from attachment. Against that order the plaintiff has come up to this Court in revision.

(3.) The question that arises to be considered in this case is whether an attachment of a property becomes effective from the date on which the order for attachment is passed, or from the date when the attachment is actually effected on the spot. The case came up for hearing before a single Judge, but in view of the question raised as stated above, it was referred to a larger Bench.