Attachment before judgment - impleading of purchaser of property
G.Nagarajeshwar Rao
(Querist) 20 April 2011
This query is : Resolved
A filed a suit against B and C who are the legal heirs of the deceased borrower, along with a petition U/Or.38 rule 5 of C.P.C., court ordered attachment before judgment with a condition to furnish third party sureties within 48 hours on service of the notice. The B and C are cleverly avoiding to receive notices / summons and they shifting their addresses. One fine morning the B has come to sub registrar [after filing the suit] and the property which is shown in the money suit and which is sought for attachment the same is sold out. The sub registrar also one of the party to the suit. A petition was filed along with the suit praying the court to pass an order restraining the sub registrar entertain any registration by the B and C to any third parties. The petition was returned by taking objection, that the suit schedule property is not the subject matter of the suit. As such the petition is not maintainable. At present the A is intending to implead the third party in the suit, who is the purchaser of the property while pending the suit and petition attachment before judgement. Whether the petition of A under Or.1 Rule 10 for impleading the third party purchaser is maintainable? If so how it is maintainable? If not so how it is not maintainable? please clarify with available citations. With regards. gnrsharma@gmail.com. 09849458545; 08686186286. Thanks one and all.
adv. rajeev ( rajoo )
(Expert) 21 April 2011
Did you publish the order of attachment before judgement in the local news paper. If you had done it would have been better.
IN the money suit you cannot impleade the third party because eventhouhg property is attached you can submit before the court to give a cash surety by producing the evidence before court the illegal activities of B & C
