https://www.taxtmi.com/caselaws?id=310935 The appellate court overturned the decision of the learned Single Judge, reinstating the Notice of Motion and ordering that it be heard on its merits. The court found that the learned Single Judge erred in requiring a substantive suit to challenge the alleged fraudulent transfer of properties under Section 53 of the Transfer of Property Act, 1882. It clarified that attachment before judgment under Order XXXVIII Rule 5 CPC could proceed if the transfer was voidable. The appellate court also reinstated the ad-interim order for attachment before judgment and allowed the appeal with costs to be determined in the suit. en-us Tue, 23 Jan 2001 00:00:00 +0530 Mon, 27 Nov 2023 16:59:14 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=310935 The appellate court overturned the decision of the learned Single Judge, reinstating the Notice of Motion and ordering that it be heard on its merits. The court found that the learned Single Judge erred in requiring a substantive suit to challenge the alleged fraudulent transfer of properties under Section 53 of the Transfer of Property Act, 1882. It clarified that attachment before judgment under Order XXXVIII Rule 5 CPC could proceed if the transfer was voidable. The appellate court also reinstated the ad-interim order for attachment before judgment and allowed the appeal with costs to be determined in the suit. Case-Laws Indian Laws Tue, 23 Jan 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=310935