Temporary injunction does not void later mortgage; Section 64 CPC applies only after attachment of property.

Section 64 CPC applies only to private alienations made after a court-ordered attachment, not to transactions following an ad interim injunction alone. A temporary injunction restraining alienation does not by itself make a subsequent mortgage void, particularly where the injunction was served on only one defendant and not on the mortgagor. The objection to execution therefore could not be summarily rejected on that basis, and the lower court's order was reversed with the matter remanded for decision according to law.

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Issues: Whether a mortgage executed after service of an ad interim injunction restraining alienation of property was void, and whether the objection to execution could be summarily rejected under Section 64 of the Code of Civil Procedure, 1908.

Analysis: Section 64 applies to private alienations made after attachment of property by order of a court. In the present case no attachment had been ordered; only an ad interim injunction had been issued. The injunction had also been served on one defendant only and not on the mortgagor. A temporary injunction of this kind does not by itself render an alienation void as against a bona fide purchaser for valuable consideration without notice.

Conclusion: The mortgage was not void under Section 64, and the objections could not be rejected summarily on that basis. The order of the lower court was reversed and the matter was remanded for decision in accordance with law.

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