NANCY JOHN LYNDON versus PRABHATI LAL CHOWDHURY & ORS.

NANCY JOHN LYNDON versus PRABHATI LAL CHOWDHURY & ORS.

Restoration of a suit or execution application dismissed for default revives the attachment for the period during which it was in subsistence, and any alienations made during the subsistence of attachment are void as against the decree holder under Section 64 CPC.

Parties
Appellant: Nancy John Lyndon; Respondents: Prabhati Lal Chowdhury & Others
Jurisdiction
India
Judgment Date
19 August 1987
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of Calcutta High Court
Outcome
Appeal allowed; judgment of High Court set aside; order of First Subordinate Judge at Alipore in Misc. Case No. 8 of 1978 restored.
Legal Topics
Attachment, Execution Proceedings, Restoration of Proceedings, Alienation of Attached Property
Civil Procedure Attachment Execution Proceedings Restoration of Proceedings Alienation of Attached Property

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Nancy John Lyndon

Appellant

Prabhati Lal Chowdhury & Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of Calcutta High Court

Legal Issues

  1. 1 Whether restoration of proceedings dismissed for default revives prior attachment
  2. 2 Whether alienation of attached property during subsistence of attachment is void under Section 64 CPC

Ratio Decidendi

Restoration of a suit or execution application dismissed for default revives the attachment for the period during which it was in subsistence, and any alienations made during the subsistence of attachment are void as against the decree holder under Section 64 CPC.

Court Disposition

Appeal allowed; judgment of High Court set aside; order of First Subordinate Judge at Alipore in Misc. Case No. 8 of 1978 restored.

Orders

  • Judgment of Calcutta High Court set aside
  • Order of First Subordinate Judge in Misc. Case No. 8 of 1978 restored