Packenham Walsh, J.

1. In this case the property of the judgment-debtor had been attached before judgment. After the attachment the suit was dismissed but no order was passed by the Court releasing the attachment. In appeal, the suit was decreed. The decree-holder sought to bring the property to sale on the strength of the attachment before judgment. The person who had purchased the property from the judgment-debtor after the attachment before judgment intervened with a claim. The learned District Munsif was of opinion that the attachment before judgment was not subsisting. The execution petition was accordingly dismissed. The decree-holder appealed to the Subordinate Judge who held that the attachment subsisted. Against this an appeal was filed which was allowed to be treated as a Civil Revision Petition. It came up before Jackson, J., who referred the question to a Full Bench whether, upon the dismissal of the suit, the attachment before judgment necessarily ceases under Order 38, Rule 9, Civil Procedure Code, or whether that rule merely permits an application to be followed by the order of the Court. He points out that it has been held in Seethai Ammal v. Narayana Aiyang