Niyam v2 is live — start for just ₹100 — 200 credits to try

may 2001

Supreme Court of India · 2001-05-11

Rajender Singh vs Ramdhar Singh And Ors

Citation / case number
AIR 2001 SUPREME COURT 2220
Court
Supreme Court of India
Petitioner
Rajender Singh
Respondent
Ramdhar Singh And Ors
Author
Umesh C. Banerjee
Bench
Umesh C. Banerjee

Judgment text excerpt

The Supreme Court held that an order of attachment before judgment under Section 136 of the Civil Procedure Code must be sent through the District Judge of the jurisdiction where the property is located, and failure to do so renders the attachment ineffective. The Court ruled that since the attachment was not properly executed, the subsequent sale of the property by the judgment-debtor was valid, and the auction sale conducted by the decree holder was set aside. The appeal was dismissed, affirming the High Court's decision.

Rajender Singh vs Ramdhar Singh And Ors · Niyam