KABIDI VENKU SAH vs SYED ABDUL HAI AND OTHERS

The Supreme Court held that under Order 21, Rule 58 of the CPC, a claim petition can only be filed by a person with an interest in the property at the time of attachment. The Court found that the appellant, being a simple mortgagee, did not have an interest in the equity of redemption at the time of the attachment on 24-9-1964, and thus was not entitled to raise the attachment. The High Court's decision to dismiss the claim petition was upheld, reinforcing that the attaching creditor could only sell the mortgagor's equity of redemption, not the entire property.