GOVINDJI VIRAMJI Vs. SAKHARAM GOVIND

JUDGEMENT

(1.) In applying Section 285 of the old Code of Civil Procedure (Act XIV of 1882) to the facts of the case, the learned District Judge, from whose decree, reversing that of the Assistant Judge, these second appeals have been preferred, has overlooked the provisions of Section 324A of the said Code.

(2.) The salient facts are these. One Ramchandra and others had obtained decrees, Nos. 178 and 179, in the Court of the Second Class Subordinate Judge at Chalisgaon against two persons. Those decree-holders having applied for execution, by attachment and sale of certain lands, that Court transferred the decrees fact the Collector under Section 320 of the Code. The Collector in execution realised Rs. 2,785 and held that, amount for payment to the decree- holder was in the actual custody of the Mamlatdar on behalf of the Collector.

(3.) In the meantime the present respondent, who, had obtained a decree for money against the above mentioned decree-holder Ramchandra Govind and others, in the Court of the Subordinate Judge, First Class, at Dhulia, applied to that Court for, and obtained attachment of, the amount in the hands of the Mamlatdar by means of a prohibitory order under Section 272 of the Code, served on the latter on the 13th of March 1907.