1906 (4) TMI 1

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....ined by the decree-holder, a certain 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....

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....tachment 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 fe....

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....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....