BASAVAYYA Vs. SYED ABBAS SAHEB

JUDGEMENT

(1.) IT is clear from exhibit XXXIX (the attachment order) that what was attached was a debt in respect to which prohibitory orders were issued under Section 268, Civil P. C.. The attachment of a right to receive a debt is not, in our opinion, property capable of possession within the meaning of Secs.280 and 281 of the Code. A similar view was taken under the Code of 1859 by the Calcutta High Court Mussamut Rambutty Kooer V/s. Kamessur Pershad 22 W.R. (C.R.) 36. The observation of Phear, J., that Section 246 of that Code clearly contemplates property of which the judgment-debtor is entitled to the possession in specie, is applicable to the corresponding provision of the present Code. This suit was. therefore, not one instituted under Section 283 of the Code. The appeal accordingly fails and is dismissed with costs.