MUTHUKUMARA CHETTIAR Vs. ALAGAPPA CHETTIAR

JUDGEMENT

(1.) In this case the appellant attached property before judgment and the respondents, who hold the property of the judgment-debtors under deeds of trust for distribution to their creditors, brought this suit to establish their right to the property.

(2.) It is first argued that the suit is not maintainable, as Order XXXVIII of the Code of Civil Procedure does not expressly provide a right of suit in the case of claims preferred to property attached before judgment.

(3.) We think that the wording of Order XXI, Rule 63, is sufficiently wide to include claims to property attached before judgment as well as claims to property attached in execution of decrees. Moreover, Order XXXVIII, Rule 8, provides that claims to property attached shall be investigated in the manner provided for the investigation of claims to property attached in execution of decrees for the payment of money.