Supreme Court of India · 2001-05-11
RAJENDER SINGH vs RAMDHAR SINGH .
- Citation / case number
- SC 1991/74658
- Court
- Supreme Court of India
- Petitioner
- RAJENDER SINGH
- Respondent
- RAMDHAR SINGH .
- Bench
- UMESH C. BANERJEE & K.G. BALAKRJSHNAN
Judgment text excerpt
The Supreme Court addressed the validity of an attachment before judgment under Section 136 of the Civil Procedure Code, holding that an attachment order must be sent through the District Judge of the jurisdiction where the property is located. The Court found that the High Court correctly ruled the attachment ineffective due to non-compliance with procedural requirements, thus validating subsequent transactions made by the judgment-debtor. Consequently, the auction sale conducted by the decree holder was set aside, affirming the High Court's decision.