PEDDIREDDI GANGA RAJU Vs. KANDULA MANGAMMA

JUDGEMENT

(1.) THIS is an application by the decree -holder in Small Cause Suit No. 674 of 1953 to revise the order of the Subordinate Judge, Kakinada in E. P. No. 260 of 1952 allowing rateable distribution under S. 73, Code of Civil Procedure , to the decree -holder in Small Cause Suit No. 476 of 1952.

(2.) IN order to appreciate the contention raised by Sri Adavi Rama Rao, the learned Advocate for the Petitioner, it is necessary set out a few relevant facts. The respondent herein filed E. P. No. 429 of 1953 in execution of his decree in S. C. No. 476 of 1952 and attached the cattle belonging to the 3rd judgement -debtor Mangamma. The cattle were entrusted to a surety who executed a bond under taking to produce the cattle as and when call upon to do so.

(3.) THERE is no force in the first content What is required under the terms of S. 73, C. P. C. is that more persons than one should have, before the receipt of the assets, made application to the Court for the execution decrees for the payment of money passed against the same judgment -debtor. As there was already E. P. No. 237 of 1954 filed the respondent, there was no need for to pray therein that he was entitled to rate distribution. As pointed out by Subbarao C.J. in Jambanna v. Hbnappa, 1956 Andh WR 1 (AIR 1957 Andh Pra 1017) (A), the important condition is whether the party seeking rate distribution had filed an application for execution of the decree for the payment of money before the receipt of assets.