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Arunachala Nadan Vs. Kandasami Pillai and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in6Ind.Cas.746
AppellantArunachala Nadan
RespondentKandasami Pillai and ors.
Excerpt:
civil procedure code (act xiv of 1882), sections 25, 483 - conditional order of attachment--transfer of suit--power of court to dual with attachment. - .....the attachment or making it absolute. this can hardly have been intended by the legislature and reading sections 25 and 483 of the code of civil procedure of 1882 together we think that power to deal with the pending attachment must be taken to have been transferred by implication to the east subordinate court when the suit was transferred to it. this was the point upon which the case was decided in the lower courts. we must set aside the decrees of the lower courts and remit the case to the district munsif for disposal according to law. costs will abide the event.
Judgment:

1. In this case a conditional order of attachment before judgment of certain property within its jurisdiction was made by the Subordinate Court of Madura West. Subsequently, before the order was made absolute, the suit was transferred to the Subordinate Court of Madura East.

2. The effect of the transfer was to deprive the Subordinate Court West of the power to pass any further order with regard to the attachment as the suit was no longer pending there. Unless, therefore, it be held that the Subordinate Court East acquired jurisdiction to pass further orders regarding the attachment by virtue of the transfer, there would be no Court capable of raising the attachment or making it absolute. This can hardly have been intended by the Legislature and reading Sections 25 and 483 of the Code of Civil Procedure of 1882 together we think that power to deal with the pending attachment must be taken to have been transferred by implication to the East Subordinate Court when the suit was transferred to it. This was the point upon which the case was decided in the lower Courts. We must set aside the decrees of the lower Courts and remit the case to the District Munsif for disposal according to law. Costs will abide the event.


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