RAFIQ MOHAMMAD Vs. MANGILAL

JUDGEMENT

(1.) THIS is a revision application bv Rafiq Mohammad decree-holder against an order of the Civil Judge. Udaipur. declining; to grant him rateable distribution in respect of a decree for Rs 3948. 80 and granting rateable distribution to Mangiial in respect of a decree for Rs 8142. 24 The application has been contested on behall of mangilal.

(2.) RAFIQ Mohammad had a decree against Lalchand for Rs. 2000/. plus Rs. 143. 75 costs plus pendenle lite and future interest at 6 p. c. per annum from the date of the institution of the suit namely 14-4-64. He filed execution case No 52/65 in the court of Munsif. Udai-pur on 2-3-85 and prayed for the attachment of the amount payable lo Lalchand judgment-dehtor. which was lying with the Executive engineer, Irrigation. Kankroli This amount was attached and a cheque for Rs. 2165. 24 was sent by the Executive Engineer and was received in the court of the munsif. Udaipur before 25-5-65. It was credited to the account of the Munsif's court on 31-5-65.

(3.) MANGILAL had a decree againsl Lal-chand for Rs. 8142. 24 from the court of Civil judge. Udaipur He filed execution case No. 52 of 1965 in the court of Civil Judge on 19-5-65 and prayed for an attachment of the amount payable lo Lalchand which was lying with the Executive Engineer irrigation. Kankroli As this amount had already been sent lo the court of Munsif by the Executive Engineer Ihe Civil judge directed the Munsif lo send the amount to his court. This amount is alleged to have been received in the court of the Civil Judge by the order of the Munsif dated 11-8-65.