BHARAT CHANDRA PAL Vs. GOURANGA CHANDRA PAL

JUDGEMENT

(1.) The facts of the present case are as follows : The plaintiff, who is the respondent before this Court, sued one Shuramani and another on a bond in the year 1916 and he obtained an order for attachment before judgment of a raiyati holding belonging to Shuramani. The order which was recorded by the learned Munsif in that case was as follows: On the application of the plaintiff, supported by an affidavit, I am satisfied that the defendants are about to transfer their properties with a view to defraud the plaintiff. It is, therefore, ordered that notice be issued upon the defendants to show cause within seven days from the service thereof why they should not furnish security for money. In the meantime I also order conditional attachment of the immovable properties mentioned in the plaintiff's application.

(2.) The order was issued to the peon in form No. 5 of Appendix F, directing the peon, in case securities were not given, to attach the properties. Nothing further was done. Subsequently the defendant in that suit, Shuramani, sold the tenancy to the defendant of the present suit. This was in the year 1920, and in the year 1921 the plaintiff brought the tenancy to sale in execution of his own decree, and, having purchased it, he sued for a declaration of his title and for recovery of possession.

(3.) The learned Munsif who tried the suit dismissed it holding that there had been no legal attachment and that, therefore, Section 64, Civil P.C. could not operate to nullify, as against the decree-holder, the transfer that had been made. The plaintiff appealed to the District Court. The learned Subordinate Judge who heard the appeal reversed the decree of the Munsif.