CRP.No.224 of 2021 and C.M.P.No.2110 of 2021
A.Chinnasamy
Versus
1.Syedshah
Rep. By his Power Agent
Heera Begum
Vaikkalmettu Street
Kallakurichi, Kallakurichi Taluk,
Villupuram District.
2.Senthil Kumar
Attachment before judgement made in a suit for recovery of money-under order 38 rule 5 of C.P.C- Against the provision of section 53 of transfer of property act which deals with fraudulent transfer, the trial court raised the order of attachment. Since the trial court did not consider the plea of fraudulent transfer raised by the petitioner/clientif, the order of the trial court was set aside and the matter was remitted back to the trial back to the trail court.