TAMLUK LOAN OFFICE CO LTD Vs. KEDAR NATH

JUDGEMENT

(1.) This rule was obtained by the plaintiff against an order of the learned Subordinate Judge, 2nd Court, Midnapore allowing a claim filed by opposite parties Nos. 1 to 6 under the provisions of Order 38, Rule 9, Civil P. C.

(2.) The plaintiff instituted a suit against opposite party No. 6 for recovery of certain sums of money due on two promissory notes. The plaintiff thereafter made an application for attachment before judgment of certain bills which stood in the name of opposite parties Nos. 1 and 6 attachment being prayed for in respect of the half share of opposite party No. 6. Thereupon opposite parties Nos. 1 to 5 appeared and preferred a claim. The allegation was that the bills were due to a partnership -firm consisting of opposite parties Nos. 1 to 5 as partners. Opposite party No. 6 was merely a working partner and was entitled only to 2 annas share of the profits.

(3.) The Subordinate Judge was of opinion that the money due on the bills should be regarded as held by the Government on account of the partners, namely, opposite parties Nos. 1 to 5. In this view he allowed the claim.