JUDGMENT

K.T.Sankaran, J.

The question of law involved in this appeal is the following:

While disposing of an application under Order XXXVIII Rule 8 read with Order XXI Rule 58 of the Code of Civil Procedure, is it obligatory to determine the question whether the transfer made by the judgment debtor is a fraudulent transfer within the meaning of Section 53 of the Transfer of Property Act?

2. Rajan, the appellant, instituted the suit, O.S.No.78 of 2006 on the file of the Court of the Subordinate Judge of Mavelikkara, against the second respondent Leela, for realisation of a sum of Rs.8,69,000/- on the basis of the promissory note allegedly executed by Leela in favour of Rajan for Rs.6,60,000/-. The suit was filed on 4.4.2006. I.A.No.522 of 2006 was filed by the plaintiff under Order XXXVIII Rule 5 of the Code of Civil Procedure for attachment before judgment of an extent of 8.083 cents of land situated in Elamkulam Village in Ernakulam. The court below passed an order of attachment dated 12.4.2006. The attachment was effected on 17.4.2006. The first respondent, Dr.Jayasree Nayar, filed I.A.No.2044 of 2006 for lifting the order of attachment before judgment made in I.A.No.522 of 2006. Th