Effect of Dismissal of a Suit on an Attachment Before Judgment in the Suit

By V. Rama Shenai

Published In

Air 1941

The question for consideration in this article is what is the fate of an attachment before judgment taken out in a suit when the suit is dismissed. The relevant provisions of the Civil Procedure Code touching the question are Rr. 9 and 11 of O.38 corresponding to Ss. 488 and 490 of the Code of 1882. Rule 9 reads as follows: When an order is made for attachment before judgment the Court shall order the attachment to be withdrawn when the defendant furnishes the security required together with security for the costs of the attachment or when the suit is dismissed. A literal construction of the rule would suggest that a dismissal of the suit would not terminate the attachment before judgment unless an express order withdrawing the same is also passed. The result of the adoption of this view is to lay down the untenable proposition that an interim order or proceeding is kept alive even after the main suit has been dismissed. But Rule 9 does not stand alone. Rule 11 enact ....

Buy and Download By Entering Following Details (Worth 100.0/-)

Step 1
Enter your contact details.
Please enter your name.
Please enter a valid 10 digit mobile number
Please enter your valid email id.
I agree on Terms & Conditions
Step 2
Enter your payment details

 J