BHUGWAN CHUNDER KRITIRATNA Vs. CHUNDRA MALA GUPTA

JUDGEMENT

(1.) The subject matter of this rule is an order of the Subordinate Judge of Tipperah, dated the 9 September 1899, calling for the record of a certain execution case from the file of the Munsiff of Brahmanbaria for the purpose of rateable distribution of the sale proceeds of a certain property, amongst certain decree-holders, one of the decree-holders being a person, who had obtained a decree in his (the Subordinate Judge s) Court, as also a subsequent order of the 19 February 1900 of the same officer determining the question of rateable distribution and ordering that certain of the decree-holders in the Brahmanbaria Munsiff's Court, who had, under the orders of the Munsiff, dated the 5 January 1900, taken out certain sums in excess of the amounts properly due to them, should refund the excess amount.

(2.) It appears that in execution of a certain decree or decrees, in the Munsiff's Court of Brahmanbaria, certain property belonging to the judgment-debtor, Ambica Charan, was attached for sale. The sale took place on the 24 August 1899. But before this event happened the decree-holder in the Subordinate Judge's Court, who had got the same property attached before judgment, obtained his decree, and this was on the 23 August 1899. And on the 31 idem he applied to the Subordinate Judge for execution of his decree. That officer thereupon, on the 9 September 1899, sent down an order to the Munsiff of Brahmanbaria calling for the record of the execution case pending on his file for the purpose, as we have already indicated, of the distribution of the proceeds of the sale already held on the 24 August, between the decree-holder in his (the Subordinate Judge s) Court and the other decree-holders in the Munsiff's Court. The Munsiff, however, apparently out of mistake, instead of complying with the order of the Subordinate Judge, as he ought to have done, on the 5 January 1900, made a rateable distribution between the decree-holders of his own Court. Subsequently the Munsiff sent the record to the Subordinate Judge, who, on the 19th February 1900, as already mentioned, determined the matter of distribution between the decree-holder in his own Court and the various decree-holders in the Munsiff's Court, and finding that some of the decree-holders had obtained more money than they were entitled to receive, directed them to refund the amounts which they had obtained in excess of their legitimate dues under his distribution.

(3.) We might here mention that, upon the sale taking place on the 24 August 1899, the monies were realized on various dates. The whole amount would seem to have been realized on the 6 September 1899, that is to say, after the application that was made by the decree- holder in the Subordinate Judge's Court for execution of his decree, which was, as already mentioned, oil the 31 August 1899.