LAWS(PVC)-1912-8-43

A M MURUGAPPA CHETTIAR Vs. NARAYANASAMY PILLAI

Decided On August 16, 1912
A M MURUGAPPA CHETTIAR Appellant
V/S
NARAYANASAMY PILLAI Respondents

JUDGEMENT

(1.) THE Subordinate Judge decided that the petitioners are not entitled to rateable distribution under Section 73, Code of Civil Procedure, as they did not apply to execute their decrees before the assets were realized by the Court, though they had attached the properties sold before judgment. THE contention of the petitioners is that their subsequent application relates back to the attachment.

(2.) ASSUMING the Subordinate Judge is wrong in his decision on this question of law, the High Court will not interfere with his decision; further, the petitioners have their remedy by suit.