SATYENDRA NATH BOSE Vs. BIBHUTI BHUSAN BHAR

JUDGEMENT

(1.) This appeal is from an order of G.K. Mitter, J., dated March 27, 1961, refusing the appellant's prayer to participate under Section 73 of the Code of Civil Procedure in rateable distribution of certain assets held by the Court.

(2.) The short facts required to be stated for the purpose of this appeal are that one ProfuIla Lal Guin (respondent No. 6) was heavily indebted to several persons including respondents Bibhuti Bhusan Bhar and Aminulla Khan. Profulla was in the employ of the National aim Grindlay's Bank Limited, and he had his Provident Fund Account with the Bank. In May, 1955, respondent Aminulla Khan obtained a decree against him for the sum at Rs. 7431 and odd. He applied for execution of the decree in August of that year. In September 1955 respon-dent Bibhuti Bhusan Bhar obtained a decree against Profulla for Rs. 8376 and odd. It was a consent decree which provided for payment of the decretal dues by annual instalments. Default having occurred in payment of the instalments, attachment of the money lying to the judgment-debtor's credit with the Bank was granted. Later on, however, upon Profulla's application the attachment was vacated, and he personally undertook to Court to pay the decretal amount in monthly instalments. There was a further undertaking not to withdraw or deal with or disclose of any amount from the Provident Fund except for the purpose of payment of the decretal dues of the decree-bolder Bibhuti. There was default again and there was fresh attachment. Similarly there were other attachments at the instance of other decree-holders including the said Aminulla.

(3.) On February 1, 1959, Profulla retired from service and the Provident Fund money became payable to aim. Within a few days of his retirement the Bank asked for directions of the Court for disposal of the attached money. A Garnishes notice was served upon the Bank at the instance of respondent Bibhuti, and the Bank was rdered by the Court to pay to the Sheriff a sum of Rupees 15801-85 nP. On March 23, 1950, the Accountant General certified that the sum had been received and it stood to the credit of the suit which respondent Bibhuti had brought against the judgment-debtor (Suit No. 3007 of 1952). Meanwhile appellant Satyendra Nath Bose had instituted a suit (Suit No. 166 of 1959) in the Original Side of this Court on February 10, 1959. The hearing of the suit appears to have been expedited with amazing speed and a consent decree for Rs. 15000 and odd was made on February 16, 1959. It thus appears that the appellant obtained his decree with considerable speed and alacrity. He lost no time and applied on February 17, 1959, for execution of the decree and asked for attachment. Upon his application the money lying to the credit of the judgment-debtor Profulla with the Bank was attached. It was at this stage that respondent Bibhuti applied to the Court for an order of payment in the execution proceedings he had commenced, and in the alternative, prayed for an order of rateable distribution of the assets of the judgment-debtor which were then held by the Court. In accordance with the Rules of this Court, all the judgment-creditors of Profulla were notified of respondent Bibhuti's summons application.