DHOOLCHA Vs. LEELABAI

JUDGEMENT

(1.) THIS petition for revision is by the decree holder against the order of the First Additional District Judge, Indore, dated 24 -10 -1959 refusing to grant ratable distribution to him.

(2.) IN execution of a decree obtained by the applicant, he attached a house belonging to the judgment -debtor and got it sold for Rs. 20,900 on 15 -12 -1958. The applicant had another decree against the same judgment -debtor which was pending for execution in the Court of Civil Judge First Indore. He got that decree transferred to the First Additional District Judge's Court on 4 -2 -1959. He did not file any application for execution of this decree in the Court of the First Additional District Judge Indore, but applied for retable distribution only. There were other decree -holders who had also filed executions in the Court of the Additional District Judge and had applied for ratable distribution. They have been allowed ratable distribution, but the applicant has been refused any share in the assets realised. He has, therefore, come up in revision.

(3.) THE material part of Section 63 of the Code of Civil Procedure is as follows: