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    <title>1947 (4) TMI 23 - MADRAS HIGH COURT</title>
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    <description>A valid attachment of immovable property requires compliance with Order XXI Rule 54 CPC: a prohibitory order must be issued and the attachment must also be proclaimed and affixed in the prescribed manner. Proof that an attachment order was made is not enough. Section 114 of the Evidence Act permits only a presumption that official acts were regularly performed; it does not allow a presumption that the disputed act of attachment itself occurred without proof of the foundational facts. Where evidence of affixture on the suit lands was lacking and the available witnesses did not support such affixture, the attachment could not be treated as duly made known, and Section 64 CPC did not assist the claimant.</description>
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    <pubDate>Wed, 23 Apr 1947 00:00:00 +0530</pubDate>
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      <title>1947 (4) TMI 23 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=300593</link>
      <description>A valid attachment of immovable property requires compliance with Order XXI Rule 54 CPC: a prohibitory order must be issued and the attachment must also be proclaimed and affixed in the prescribed manner. Proof that an attachment order was made is not enough. Section 114 of the Evidence Act permits only a presumption that official acts were regularly performed; it does not allow a presumption that the disputed act of attachment itself occurred without proof of the foundational facts. Where evidence of affixture on the suit lands was lacking and the available witnesses did not support such affixture, the attachment could not be treated as duly made known, and Section 64 CPC did not assist the claimant.</description>
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      <pubDate>Wed, 23 Apr 1947 00:00:00 +0530</pubDate>
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