MONI MANJURI DASSI Vs. RAZIK

JUDGEMENT

(1.) The central point of dispute in this application is attorney's right of rateable distribution under Section 73, Civil P. C., where he has attached in execution of an order for costs made in his favour under Rule 48 of Chap. 38 of the Original Side Rules.

(2.) The application is made by the decree-holder plaintiffs for an order that the Sheriff of Calcutta do pay out of the sum of Rs. 2371/4/- being the net amount lying in his hands out of the sale proceeds of two mud kothas at No. 59, Mechuabazar Street, Calcutta, belonging to the judgment-debtor after deduction therefrom the commission of the Accountant-General, payable to the plaintiffs' attorneys the costs of and incidental to the execution proceedings of the decrees dated 30-4-1948 and 4-4-1949, including those of levying their respective attachments and costs of all proceedings in connection with, the sale of the attached properties and also of costs of and incidental to this ap-plication and of costs to the suit resulting in the two aforesaid decrees and orders dated 9-7-1948, 29-3-1949 and 5-2-1952 and the amount of taxed costs of this suit of the plaintiffs and of the taxed costs of the guardian-ad-litem under the decree of 30-4-1948 and of the balanced taxed casts of Suit No. 224 of 1948 with interest and also of the amount of claim of Rs. 1900/- with interest of the plaintiffs in this suit in part satisfaction of the claim and costs of the plaintiffs in this suit as well as in Suit No. 224 of 1948. The other order that is sought is that Mr. M. S. Mullick, attorney for two of the defendants Mrs. Razik and Sk. Mazim is not entitled to claim either priority over the decree-holder or participate in the rateable distribution under Section 73, Civil P. C.,

(3.) The main argument has centred round the right, if any, of Mr. Mullick, attorney for the said two defendants, to participate in the rateable distribution.