DAMODAR DAS Vs. KASHI PROSAD AGARWALLA KHAITAN

JUDGEMENT

(1.) This is an application under Section 115, Civil P. C. for revision of an order of a Subordinate Judge of 24-Parganas dated 30-3-1955 by which the learned Judge rejected the petitioner's contention that the opposite party No. 2 Radhakishan Agarwalla was not entitled to rateable distribution oi certain assets held in Court and that he having withdrawn his share was liable to refund the same.

(2.) In Money Execution Case No. 33 of 1953, the application of the petitioner to which I have just referred was filed. The holder of decree in that case was one Kashi Prasad Agarwalla against the judgment debtor K. L. Knight, opposite party No. 3. In Money Execution Cases Nos. 13 and 42 of 1954 the decree-holder was the petitioner Damodar Dass, while the opposite party No. 2 Radhaklshan Agarwalla was the holder of the decree in Execution Case No. 15 of 1954.

(3.) On 27-4-1954 a sum of Rs. 2,365/3/- was received in Money Execution Case No. 33 of 1953. This amount, it appears, was distributed amongst the holders of different decrees in Money Execution Cases Nos. 33 of 1953 and 13 and 15 of 1954. Thereafter on behalf of the decree-holders another application for rateable distribution of Rs. 1,262/3/-then available for such distribution was filed. It was then that the present petitioner Damodar Das preferred an objection that the opposite party Radhakishan Agarwalla was not entitled to participate in the assets.