UNION OF INDIA Vs. AMAR NATH

JUDGEMENT

(1.) This is a revision petition filed by the Union of India in the following circumstances.

(2.) Amar Nath respondent had obtained a simple money decree against certain persons as legal representatives of one Devi Chand who had been a contractor and in execution of the decree he got attached and remitted to the executing court the sum o Rs. 2312/- which was lying with the Deputy Accountant General, Industries and Supplies, in the name of one of the judgment-debtors. This sum was received by the Court on the 6th of April 1955 and on the 15th of April a letter was received from Mr. J, D. Sharma, Assistant Collector 1st Grade stating that the Union of India laid claim to a sum of Rs. 914/6/- which was due to the Delhi Improvement Trust and was apparently recoverable as arrears of land revenue. It was accordingly requested that this sum should not be paid to the decree-holder.

(3.) The matter was ultimately argued before the learned Sub Judge, who held in the order now challenged that after the coming into force of the Constitution of India in January 1950 the old Crown claim to priority over unsecured creditors had ceased to exist. However while ordering that the money should be paid to Amar Nath decree-holder the learned Sub Judge suspended the operation of the order for a month in order to give the government time to file an appeal. This order has been challenged by a revision since no appeal under Section 47 C. P. C. lay as the Union of India was not a party in the ordinary sense of the suit or execution proceedings.