PARVATHI AMMAL Vs. GANAPATHI PATTAR

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against an order allowing rateable distribution of an amount deposited in court.

(2.) THE petitioner is the decree-holder in O. S. 186 of 1950 in the court of the Subordinate Judge of Chittur. She filed that suit on the 10th July 1950 against the first counter-petitioner on a pronote executed by him, and attached before judgment his share in some immovable properties. On 18-7-1950 the first counter-petitioner sold the properties that were attached before judgment to one Parameswara Iyen reserving with him a sum of Rs 255-6-0 out of the sale consideration for depositing the same in court and raising the attachment before judgment. Subsequently the vendee deposited Rs. 275/- in court and got the attachment before judgment cancelled on 25-7-1950. This amount was attached before judgment in two other suits filed against the first counter-petitioner in the same court viz. ,s. C. 92 of 1950 and. S. C. 96 of 1950. THE second counter-petitioner was the plaintiff in S. C. 92/50 and the third counter-petitioner the plaintiff in S. C. 96/50. THE attachment in S. C. 92/50 was on 27-7-1950 and the attachment in 96/50 on 7-8-1950. 0. S. 186 of 1950 was decreed on 14-8-1950 , and the two small cause suits were also decreed subsequently. After the three suits were decreed, the petitioner applied for payment to her of the decree amount in O. S. 186 of 1950 out of the amount deposited in that suit for cancelling the attachment before judgment; and counter-petitioners 2 and 3, who had applied for rateable distribution of the amount, opposed her application. THE court below held that the amount had to be rateably distributed between the three decree-holders and ordered it to be so distributed by its order dated 8th november 1950. This revision petition is filed against the said order.