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IN THE HIGH COURT OF MADRAS
Burn, J.
Minor Jali Basappa by next friend Nagamma
Versus
Heerada Rudrappa and Anr.
Decided On : 29.09.1938
Attachment before Judgment - Restoration of Suit - Property Alienation - No restoration of attachment before judgment after dismissal of suit
Fact of the Case:
The court dismissed the appeal as there is no authority for the restoration of attachment before judgment when the suit is restored to file, despite property alienation in the meanwhile.
Finding of the Court:
The court dismissed the appeal with costs and refused leave.
Issues: The issue was whether an attachment before judgment, which ended with the dismissal of the suit, is restored when the suit is restored to file, despite property alienation in the meanwhile.
Ratio Decidendi: The court found that there is no authority for the restoration of attachment before judgment in such circumstances.
Final Decision: The appeal was dismissed with costs and leave was refused.
Burn, J.
1. There is no authority for the contention that an attachment before judgment which has come to an end with the dismissal of the suit, is restored when the suit is restored to file, in spite of an alienation of the property in the meanwhile. The case of Saranatha Aiyangar v. Muthiah Mooppanar (1933)65MLJ844 , cited by the learned Advocate for the appellant is expressly against him on this point.
2. This appeal is accordingly dismissed with costs (one set between the two respondents).
3. Leave refused.
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