In L.K. Prabhu (Through LRs) v. K.T. Mathew & Ors., the Supreme Court of India clarifies the true scope of attachment before judgment under Order XXXVIII Rule 5 CPC, holding that such attachment can apply only to property owned by the defendant at the time of filing the suit. The Court emphasises that this remedy is purely protective and cannot be used to unsettle prior, completed transfers.
The judgment further draws a clear line between procedural remedies and substantive rights, ruling that allegations of fraudulent transfer must be pursued through a separate suit under Section 53 of the Transfer of Property Act, 1882, not through attachment proceedings. Reinforcing protections for bona fide purchasers, the Court ensures that suspicion alone cannot defeat valid, registered transactions.
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