A.N.Varma, J. - (1.) This is an application in revision directed against an order passed by the learned Additional Civil Judge on 27-4-1978 dismissing an objection filed by the applicants against the sale of certain properties.
(2.) Briefly stated the relevant facts are these: The decree-holder opposite party filed a suit against the judgment-debtor applicants for the recovery of certain sums of money. During the pendency of the suit, by an order dated 22-8-75 certain properties belonging to (lie applicants were attached under O. 38, R. 5. C. P. C. Subsequently on 11-11-75 the suit was dismissed for want of prosecution of the decree-holder opposite party. Later on the suit was restored to its original number and was eventually decreed. After the suit was decreed, the decree-holder opposite party applied for the sale of the properties which had been attached before judgment on the basis of the order of attachment dated 22-8-75 referred to hereinabove. The judgment-debtor applicants Tiled an objection to the effect that the sale on the basis of the attachment dated 22-8-75 was illegal inasmuch as the said attachment had lapsed with the dismissal of the suit for non-prosecution and it was not automatically revived in law when the suit was restored to its original number. The court below relying upon the decision of the High Court of Andhra Pradesh reported in AIR 1978 Andh Pra 200 held (hat the attachment order dated 22-8-75 automatically revived when the Suit was restored to its original number and consequently the attachment continued. In this view of the matter, the court below dismissed the objection of the applicant. Aggrieved, the applicant has filed this revision.
(3.) Learned counsel for the applicant has urged that the view of the court below that the order of attachment dated 22-8-1975 automatically revived on the restoration of the suit is wrong and is opposed to the Full Bench decision of this Court reported in 1972 All LJ 892 : (AIR 1973 All 67). Learned Counsel for the applicant also invited my attention Id the provision of O. 38, R. 11-A (2) of the Civil P. C. as amended by the Civil P. C. (Amendment) Act, 1976.;