STATE OF MADRAS Vs. CHALDIAN SYRIAN BANK LTD

JUDGEMENT

(1.) The Commercial Tax Officer, Malabar (South), Kozhikode, is the appellant before us. He filed M. P. No. 1408 of 1955 in O. S. No. 305 of 1123 before the Subordinate Judge of Chittur and prayed for the payment of a sura of Rs. 7,048-15-II from the amounts deposited in court by the receiver appointed in that case. The petition was dismissed by the court

(2.) O. S. No. 305 of 1123 was a suit filed by the first respondent -- the Chaldian Syrian Bank Ltd. -- against the second respondent for the recovery of about a lakh of rupees on the basis of a mortgage by deposit of title deeds. In the suit a receiver was appointed at the instance of the plaintiff (see order on M. P. No. 2534 of 1123) and the receiver collected certain amounts in pursuance of his appointment. The lower court states that the deposits made by the receiver amounted to about Rs. 21, 000/- on 6-6-1956.

(3.) The appellant filed the petition under S.151 of the Code of Civil Procedure, 1908. In C. R. P. No. 326 of 1957 we have already held -- differing from AIR 1935 Lahore 319 and following AIR 1938 Mad. 360 (FB) -- that such a petition is maintainable. AIR 1957 Bombay 91 is also a case where the reasoning in AIR 1935 Lahore 319 was not accepted and the reasoning in AIR 1938 Madras 360 (FB) was adopted.