Ram Chand vs Pitam Mal And Anr. on 29 May, 1888
As regards the argument that in the case of a suit dismissed for default and restored in the course of the same day it would work hardship to hold that the attachment before judgment ceased to have force, it is difficut to see how that can be a hardship which the law commands. There is much that might be said on the other side as to the consequences of holding that an attachment continues in force after a suit is dismissed. As was pointed out by Mahmood, J. in Ram Chand v. Pitam Mal (1888) I.L.R. 10 All. 506, such an attachment will subsist for ever whether there is or not an appeal until it is expressly withdrawn. As stated above the reference before us does not deal with a suit dismissed for default and restored to file but with one where the decree dismissing the suit is reversed on appeal. To say that on a suit being decreed in appeal all the interlocutory orders passed in the course of the suit are at once revived appears to be going too far and might lead to serious difficulties.