In Brief
This case addresses the scope of attachment before judgment and the protection of bona fide third-party purchasers under civil procedure law. The plaintiff-creditor filed a suit and sought attachment of property that had been sold and transferred to the appellant's predecessor by registered deed on 28 June 2004, prior to the suit filing on 18 December 2004. The lower courts rejected the purchaser's claim for release, treating the sale as fraudulent. The Supreme Court held that attachment before judgment under Order XXXVIII Rule 5 CPC cannot operate on property already transferred prior to suit initiation. Fraudulent transfer allegations must be adjudicated in independent substantive suits under Section 53 of the Transfer of Property Act, not in summary attachment proceedings. The Court reaffirmed that bona fide third-party purchasers for value are protected, and attachment cannot override pre-existing completed transfers.
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