Legal Question in Civil Rights Law in India

money suit

respected sir,

i had advanced certain sum of money to D1 and D2 stood as guarantor on behalf of D1. On due date D1 absconded from present society and i had filed a money recovery suit against D1 & D2. Subsequently D2 transferred her property onto the name of third party (D3). Without the knowledge of such transfer, i obtained an order of attachment of property under ORDER 38. I moved an application and made the transferee D3 as a necessary party to the suit. My question to you is : Whether the ORDER 38 binding on D2 & D3 or do i need to move another I.A. seeking the relief again ? Please clarify


Asked on 10/17/08, 4:14 pm

2 Answers from Attorneys
Nasir Butt Nasir Law Associates

Re: money suit

Property cannot be transferred in any way while the civil litigation is pending concerning the property in case. It may be got declared illegal. Property will come back. Conveyance deed may be got cancelled on lis pendency.

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Answered on 11/02/08, 8:15 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: money suit

The order shall be binding upon all the parties including the transferees lis pendis. However, for caution sake you may file an IA for a declaration that the transfer is illegal.

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Answered on 10/17/08, 6:25 pm


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