AIR 1987 SUPREME COURT 2061 ::(1987) 2 LS 38 ::1987 (4) SCC 78 ::(1987) 2 CurCC 636 ::(1988) Pat LJR 29 ::(1987) 3 SCJ 150 ::(1987) 2 LandLR 548 ::(1987) 2 Supreme 302 ::(1987) 3 JT 366 (SC)

Supreme Court Of India

(From : Calcutta)*

Hon'ble Judge(s): O. Chinnappa Reddy, M. H. Kania, K. Jagannatha Shetty , JJJ

Civil P.C. (5 of 1908) , S.64, O.21 R.57— (Cal) (prior to Amendment of 1976) Execution - Property attached - Execution application dismissed for default - Subsequent restoration of execution - Sale of attached property made before dismissal of execution application would be void. AIR 1982 NOC 189 (Cal), Reversed. Even if it be doubtful as to whether an order for restoration of the suit or execution application dismissed for default would have the effect of restoring the attachment levied in execution retrospectively so as to affect alienations made during the period between dismissal of the suit or execution application and the order directing restoration, it is clear that an order of restoration would certainly restore or revive the attachment for the period during which it was in subsistence, namely, prior to the dismissal of the suit or execution application. As such where the sale by the judgment-debtor of the property attached in execution was effected during the subsistence of the attachment and before the Title Execution Case was dismissed for default, it would be incorrect to say that by reason of the dismissal of the Title Execution Case, the attachment came to an end and the order of restoration of the execution case would not affect any alienation made before the restoration although such alienations have been made during the subsi....