HARI CHARAN ROY CHAUDHURI Vs. BIRENDRA NATH SAHA

JUDGEMENT

(1.) The facts of this case ate as follows: The present petitioner obtained a decree for. Rs. 286-3-9 against opposite party Nos. 4 and 5. On 2 September, 1920 in Execution Case No. 1203 they applied for execution of the decree arid attached, certain immoveable properties of the judgment-debtor. The 9 March 1921 was fixed for the sale. On the day of sale the judgment-debtor deposited the entire decretal amount in Court and. the sale therefore did not take place. Meantime, on 3 February 1921, opposite party Nos. 1-3 and taken out execution of another decree and claimed to share rateably in the assets which would be realised by the sale tri Execution Case No. 1203.

(2.) The Court, in spite of the objection of the petitioner, allowed the opposite party Nos. 1-3 to share rateably in the amount deposited in Court in Execution. Case No. 1203.

(3.) Against this order the petitioners, the decree-holders in Execution: Case No. 1263, have now moved this Court.