M. PALANIAPPA PILLAI Vs. M.M. PAMBANA GOUNDER

JUDGEMENT

(1.) - The sixth respondent before the Court below is the revision petitioner before me. The only point that arose for determination by the Court below is whether it can send for the amount of Rs. 3,984 -80, which is in the custody of the Court of the District Munsif. Erode. to the credit of O.S. 111 of 1969. The first respondent herein, as decree -holder in O.S. 261 of 1969 on the file of the Court below (the Court of the Subordinate Judge, Erode), filed an execution petition, got the abovesaid amount attached and then filed E. A. 421 of 1972 for sending for that amount. This application was opposed by two other decree -holders against the same judgment -debtors. The judgment -debtors were arrayed as respondents 1 to 4 before the Court below and the two other decreeholders were arrayed as respondents 5 and 6 respectively in the abovesaid application viz., E. A. No. 421 of 1972. The other two decreeholders have obtained decrees in the Court of the District Munsif, Erode, against the same judgment -debtors and they had also attached the abovesaid amount viz.. Rs. 3,984 -80, which is in the custody of the Court of the District Munsif. The Court below (the learned Subordinate Judge, Erode) thinking that Section 63, Civil P. C. is attracted to the facts of this case, has ordered the application for sending for the amount.

(2.) THE learned Subordinate Judge has not realised that that section applies only when the property attached is not in the custody of a Court. Only in cases where the property attached is not in the custody of Court, the question of the Court of higher grade having precedence over a Court of the lower grade in determining any claim regarding the property so attached would arise. But, here, we are concerned with money that is in the custody of a Court. The relevant provision that has to be looked into is Order 21 Rule 52, Civil P. C. The main part of the said rule, no doubt, says that the custody Court should hold the property subject to the further orders of the attaching Court. But, there is the proviso (Proviso No. 1) which is in the following terms: