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B. S. BHANUMATHI
CHEPPULLA RADHAKRISHNA – Appellant
Versus
CHEPPULLA ARJUNA RAO – Respondent
| Table of Content |
|---|
| 1. court order and suit background information (Para 1 , 2) |
| 2. arguments on property transfer and its validity (Para 3 , 4 , 5) |
| 3. trial court's reasoning for dismissal (Para 6) |
| 4. legal interpretations on property transfer (Para 10 , 16) |
| 5. legal provision on property attachment (Para 12) |
| 6. decision to allow petition (Para 17) |
ORDER :
(B.S. Bhanumathi, J.)
The Civil Revision Petition is filed under Article 227 of Constitution of India, against the order dated 22.10.2022, dismissing I.A.No.239 of 2022 in O.S.No.78 of 2017 on the file of the Court of Senior Civil Judge, Pithapuram, filed by the plaintiff under Order I Rule 10 r/w Order VI Rule 17 and Section 151 CPC to add the proposed party/2nd respondent as the 2nd defendant in the suit and to permit the petitioner to make the following consequential amendments to the plaint :-
b) To add 1st before the defendant in short and long cause title;
c) To add 1st before the defendant wherever it occurs in the plaint;
d) To add the following paragraph
A transfer made with knowledge of an attachment before judgment can be contested as fraudulent under Section 53 of the Transfer of Property Act.
The main legal point established is that property conveyed to a Defendant's wife can be attached to satisfy a decree if the conveyance was done to evade execution, and legal heirs are liable to satis....
Attachment of property in execution of a money decree is improper if property was transferred to legal heirs before the decree and the decree did not relate to property rights.
whether Section 35 of the Act is mandatory or directory the sale held in violation of the said provision is only illegal but not a nullity and therefore, it can be set aside only in the manner and th....
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