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Minor Jali Basappa by Next Friend Nagamma Vs. Heerada Rudrappa and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1939Mad167; (1938)2MLJ1053
AppellantMinor Jali Basappa by Next Friend Nagamma
RespondentHeerada Rudrappa and anr.
Cases ReferredSaranatha Aiyangar v. Muthiah Mooppanar
Excerpt:
- burn, j.1. 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 v. muthiah mooppanar : (1933)65mlj844 , 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.
Judgment:

Burn, J.

1. 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 v. Muthiah Mooppanar : (1933)65MLJ844 , 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.


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