THIRUMAYEE AMMAL Vs. PALANIAPPA GOUNDER

JUDGEMENT

(1.) THE decree-holder in O. S. No. 370 of 1969 on the file of the District Munsif court, Palani, has filed this civil revision petition on being aggrieved that the learned District Munsif has allowed the application filed by the respondent who is a decree-holder in O. S. 330 of 1970 on the file of the same District Munsif Court for rateable distribution under Section 73 of the Civil Procedure Code.

(2.) THE petitioner herein obtained a money decree in O. S. No. 370 of 1969 on 188-1969 and brought the property of the judgment-debtor for sale in execution and purchased the same on 15-6-1970 after having obtained leave from the executing court to bid and set off. The respondent obtained a money decree in his suit O. S. 330 of 1970 on 29-6-1970 after the sale had been concluded in favour of the petitioner herein but before confirmation.

(3.) THE only question for consideration in this petition is whether the respondent decree-holder in O. S. 330 of 1970 who had obtained a decree on 29-6-1970 admittedly after the sale had been concluded in favour of the petitioner who had obtained leave to bid and set off, is entitled to claim rateable distribution. Section 73 of the Civil Procedure Code clearly provides that the applicant-decreeholder for rateable distribution must file the application before the receipt of the assets by the executing court. The point for consideration is where the decree-holder had purchased the property in auction after having obtained permission to bid and set off, the court should be deemed to have received the assets on the date of the sale.