Prior sale deed prevails over later attachment because registration relates back to execution and protects the purchaser's title.

A sale deed executed before an attachment before judgment is not defeated by a later attachment when registration occurs afterward. Order 38 Rule 5 CPC targets transfers made to obstruct or delay execution, while Order 38 Rule 10 and Section 64 CPC preserve prior rights and prohibit only transfers contrary to the attachment. Under Section 54 of the Transfer of Property Act, a sale of tangible immovable property is complete on execution, and Section 47 of the Registration Act gives the registered instrument effect from the date of execution. The vendee's title therefore relates back to the execution date and is protected against the later attachment.

---

---

Issues: Whether a sale deed executed before an attachment before judgment but registered thereafter prevails over the attachment and protects the purchaser's title.

Analysis: Order 38 Rule 5 of the Code of Civil Procedure, 1908 is directed against property dealings intended to obstruct or delay execution of a decree, and it does not apply where the defendant has already executed a sale deed in favour of a third party. Order 38 Rule 10 and Section 64 of the Code of Civil Procedure, 1908 protect rights existing prior to attachment and prohibit only private transfers contrary to the attachment; they do not prohibit presentation of an already executed sale deed for registration. Under Section 54 of the Transfer of Property Act, 1882, a sale is complete on execution for tangible immovable property in the sense of transfer, though registration is required for validity of the instrument. Section 47 of the Registration Act, 1908 makes the registered document operate from the date of execution, so the vendee's title on registration relates back to the date of the sale deed. The contrary view, based on the idea that no rights arise until registration, was rejected as inconsistent with the statutory scheme.

Conclusion: A sale deed executed before attachment before judgment but registered later prevails over the attachment, and the purchaser's title is protected.

Ratio Decidendi: Where a sale deed has been executed prior to attachment before judgment, subsequent registration relates back to the date of execution under Section 47 of the Registration Act, 1908, and the prior transferee's rights cannot be defeated by the later attachment.

---