ARDESHIR NUSSERWANJI DOSSABHOY Vs. USMAN GANI MEMON

JUDGEMENT

(1.) The question in this appeal is whether Order XXI, Rule 57, Civil Procedure Code, applies to property attached before judgment under Order XXXVIII, Civil Procedure Code. The trial Court held that it did; the lower appellate Court, that it did not. The purchaser from the original judgment-debtors appeals.

(2.) The property in suit consists of a house at Panchgani, which was attached before judgment by the plaintiff in suit No. 343 of 1916 in the Court of the First Class Subordinate Judge, Poona. The suit was decreed on March 6, 1917. On October 31, 1918, an application was made by the decree-holder to the decreeing Court for transfer of the decree to the Court of Wai, in the Satara District, for execution, and was granted. On October 3, 1922, the decree-holder filed a darkhaet in the Court of the Subordinate Judge of Wai for sale of the attached property. All the decree-holders were minors, and the Court of Wai ordered the darkhastdar guardian to give security. He failed to do so, and the darkhast was struck off on November 22, 1923.

(3.) On February 7, 1924, the decree-holders filed the present darkhast, originally for attachment and sale of movable property, and amended on April 12, 1924, for attachment of the property now in question, The property was not attached till January 10, 1925. The appellant who had purchased the property on August 19, 1924i, applied to raise the attachment and obtained an order in his favour on February 21, 1.925. The decree-holder now seeks to sell the property without further attachment on the strength of the attachment before judgment in 1917.