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august 1987

Supreme Court of India · 1987-08-19

NANCY JOHN LYNDON vs PRABHATI LAL CHOWDHURY & ORS.

Citation / case number
SC 1982/63756
Court
Supreme Court of India
Petitioner
NANCY JOHN LYNDON
Respondent
PRABHATI LAL CHOWDHURY & ORS.
Author
M.H. KANIA
Bench
M.H. KANIA

Judgment text excerpt

The Supreme Court held that sales of property by the judgment-debtor during the subsistence of an attachment are void under Section 64 of the Code of Civil Procedure. The Court clarified that the restoration of a dismissed execution case revives the attachment, thereby affecting any alienations made during its subsistence. The High Court's view that the dismissal of the execution case ended the attachment was erroneous, leading to the reversal of the High Court's decision.

NANCY JOHN LYNDON vs PRABHATI LAL CHOWDHURY & ORS. · Niyam