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.