BHAGWAN DASS RAMPROSAD Vs. SECRETARY OF STATE

JUDGEMENT

(1.) This is an application in revision against an order of the Munsif, First Court, Patna, disallowing an application made by the petitioner under Order 21, Rule 48 (3) for recovery of three monthly instalments of Rs. 45 each.

(2.) In March 1938, the petitioner obtained a Small Cause Court decree at Howrah against A.W. Lawie, an employee in the telegraph department, and put it into execution in Patna, as the judgment-debtor was posted here. The execution case at first numbered 848 of 1938 of the second Court of the Munsif, but by transfer became No. 1086 of 1938 of the first Court of the Munsif. In this latter Court there was another decree under execution--execution case No. 157 of the second Court which in the first Court became No. 825 of 1938--and in this execution an attachment order had issued against the salary of the same judgment-debtor. Under this attachment the Postmaster-General was deducting Rs. 40 a month, beginning on 1 March 1938, from the salary of the judgment-debtor and sending it to the Court after deducting the money-order commission of eight annas. Two such instalments had been sent to the Court, when the petitioner's execution case was received in this Court. Ho applied for rateable distribution, and his prayer was allowed.

(3.) There were only four instalments due under the attachment. The instalment that should have come in the beginning of May did not arrive, but, on 28 May, the Postmaster-General made an enquiry about the date of the decree under execution, on account of the amendment of Section 60(1)(i), Civil P.C., by Act 9 of 1937 which had recently been brought to his notice by the Director-General of Posts and Telegraphs. It was only on 12 July that the Munsif replied to this enquiry of the Postmaster-General. Meanwhile, the petitioner realised that the whole amount leviable under the attachment of the decree-holder would be realised by the attachments in May and June, and that after that there would be nothing for his application for rateable distribution to operate on.