SORABJI COOVARJI Vs. KALA RAGHUNATH

JUDGEMENT

(1.) This is an appeal by the appellant from a judgment passed by the District Judge with reference to certain execution proceedings against him.

(2.) Two creditors had obtained decrees and attached certain immoveable property of the appellant, and other creditors had obtained decrees but had merely put in applications for execution without issuing attachment. The 22nd of September 1909 was the date fixed by the Court for the sale of the attached property, and upon that date a third person, at the instance of the appellant, came to the Court with sufficient monies to satisfy in full the decretal claims of the two attaching creditors. The money was accepted by the Nazir of the Court and a receipt therefore was given to the person making the payment. The payment so made was made according to the provisions of Order XXI, Rule 55, which says that where the amount decreed with costs and all charges and expenses resulting from the attachment of any property are paid into Court the attachment shall be deemed to be withdrawn.

(3.) Upon this payment being made the appellant considered himself free from any danger, for the moment, of the sale in execution of his immoveable property, but on the following day the 23rd of September, an ex parte application was made to the Court for distribution of the money paid for the purpose of satisfying the claims of the attaching creditors, and it was urged that the money was assets which were distributable rateably among all the creditors who had applied for execution.