High CourtsDivision Bench(1938) 09 MAD CK 0033

Jali Basappa by next friend Nagamma vs Heerada Rudrappa and Another

Madras High Court · Decided on 29 September 1938 · Citation: AIR 1939 Mad 167 : (1938) 48 LW 763 : (1938) 2 MLJ 1053

HON’BLE JUDGES
Burn, J

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Judgment

3 paragraphs · 88 words

Burn, J.—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 Vs. Muthiah Mooppanar and Others, , 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.