Madras High Court
Minor Jali Basappa By Next Friend ... vs Heerada Rudrappa And Anr. on 29 September, 1938
Equivalent citations: (1938)2MLJ1053, AIR 1939 MADRAS 167
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) 65 M.L.J. 844 : I.L.R. 57 Mad. 308 at 312, 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.