Badri Prasad vs Chokhey Lal - 1926 Supreme(All) 149

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1926 Supreme(All) 149

DALAL, WALSH
Badri Prasad – Appellant
Versus
Chokhey Lal – Respondent

JUDGMENT

Dalal, J. - This is a difficult matter to settle. It has arisen out of interlocutory orders passed by a Subordinate Judge without proper attention to the rules dealing with procedure as to attachment prior to judgment. In a suit for a recovery of money the plaintiff applied under Order 38, Rule 5 for attachment prior to judgment. The Court passed an ex parte final order of attachment without having any jurisdiction to do so. Under Clause 3 of that rule the Court is given permission to direct a conditional attachment of the whole or any portion of the defendant's property while proceedings are pending regarding the question as to whether the defendant should furnish security for the claim of the plaintiff or not. After the order of attachment no proceedings, such as are directed in Clause 1, were taken by the Court. A pleader of the Court, Mr. Mohammad Ibrahim, was appointed attaching officer and directed to attach the defendant's stall on the 3rd of November 1922, and attached cloth of the value of Rs. 910. I shall not discuss the details of the attachment, or the manner in which it is alleged the cloth was made over to the custody of one Badri Prasad. It appears that Badri

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