1926 Supreme(Mad) 472

IN THE HIGH COURT OF MARAS
Odgers, J.
Pulipaty Subbayya
Versus
Kandi Subba Reddi And Ors.
Decided On : 22 September, 1926

The court emphasized the absolute authority of the Court to raise the attachment and the strict interpretation of Section 61 of the Code of Civil Procedure.

Headnote:

Attachment - Consent of Parties - Court's Authority to Raise Attachment

Fact of the Case:

The court considered the contention that there can be a partial raising of an attachment by consent of parties outside the Court. The court rejected this contention, stating that the Court must raise the attachment unless it becomes inoperative by the payment of the decree debt.

Finding of the Court:

The Second Appeal was dismissed with costs, and the court upheld the view taken by the learned District Judge regarding Section 61 of the Code of Civil Procedure.

Issues: The issues involved the raising of attachment by consent of parties outside the Court and the interpretation of Section 61 of the Code of Civil Procedure.

Ratio Decidendi: The court emphasized that the attachment cannot be raised by consent of parties outside the Court, and Section 61 of the Code of Civil Procedure is absolute in its application.

Final Decision: The Second Appeal was dismissed with costs, and the court affirmed the view taken by the learned District Judge.