9911796707
TMI Blog1906 (4) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... ain property belonging to the judgment-debtor was attached, and in due course it was sold. The sale, however, was subsequently set aside on the 24th September 1904. On the same date, the Court made the following order: "The sale having been set aside, the decree-holder is directed to take further steps for sale within three days hence. Put up on 28th September 1904 for orders." On the 28 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ceased to exist by the dismissal of the case and no sale proclamation can issue without fresh attachment of the property. The decree-holder is, therefore, ordered to take necessary steps for attaching the properties on or before the date fixed for hearing." Or, in other words, what the Court held was that, because the former execution case had been dismissed, necessarily the attachment fell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ples and senseless addition to all the vexations of delay in the course of procedure to hold that, when for any reason, satisfactory or not, the execution of a final decree in a suit fails or is set aside and the proceedings as regards that execution are taken off the file, the whole suit is discontinued thereby and the further proceedings for the same purpose are to be considered as taken in a ne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... recting that the decree-holder must take out a fresh attachment cannot be supported. It will be set aside, and the record sent back to the lower Court with directions that, upon a proper application being made by the decree-holder for the sale of the property in question, the sale proclamation be issued. The appellant will get his costs from the respondent in both Courts. X X X X Extracts X X X X X X X X Extracts X X X X
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