The question in this case on facts not in dispute is whether, in execution of the personal liability clause of a decree creating that liability as well as a charge liability for payment of money, when the property charged is attached and sold pursuant to the attachment, a purchaser prior to the auction sale but after the date of the decree who has no notice of the charge at the time of his purchase is affected by the doctrine of lis pendens and is therefore bound to fail in a later suit against him in enforcement of the charge. The Court below answered the question in the negative; the plaintiff, the charge-holder, appeals against its judgment and decree refusing to recognise his right as superior to that of the defendant who became the purchaser admittedly after the date of the decree in the former suit but before the plaintiff’s purchase in execution of that decree.

It is contended by the learned advocate for the appellant that notwithstanding the decree and subsequently thereto the lis continued down to the date of the auction sale in the plaintiff’s favour and that that sale must prevail over the defendant’s purchase. The auction sale in the plaintiff’s favour was howeve