Fate of attachment in a rejecte money suit
jains
(Querist) 28 January 2020
This query is : Resolved
Suit filed for recovery of money based on cheque. Attachment was given against the properties of the defendants. defendants did not file written statement and the suit set expartee against them. Court direct to pay balance court fee. plaintiff could not remit balance court fee in time and the suit was rejected. Plaintiff filed review petition to review the order of rejection. How to get the attachment in force.? or need to file fresh attachment application?
Raj Kumar Makkad
(Expert) 28 January 2020
As the suit stands rejected as on day. all interim orders including that of attachment before decree also stand washed away.
Make prayer by moving fresh application before the Court wherein your review petition is pending in that regard.
Advocate Suneel Moudgil
(Expert) 29 January 2020
you have to file a fresh application along with the review petition,
Sb Karma
(Expert) 29 January 2020
yes you need to file fresh application
Dr J C Vashista
(Expert) 30 January 2020
Review is not maintainable in the instant circumstances.
Move an application u/s 151 CPC along with deficient Court Fees for restoration of suit to its original number and position.
jains
(Querist) 08 February 2020
Are ypu sure Mr. J C V sir that review is not applicable against rejection.
