BALMER LAWRIE AND CO Vs. JADUNATH BANERJEE

JUDGEMENT

(1.) How do you say there is an appeal?

(2.) As the question is between parties to the suit, the order should fall under Section 47 of the Civil Procedure Code, and hence there Section an appeal.

(3.) "Assets" in the present section has the ordinary meaning attached to the word and therefore the " assets" of the judgment-debtor in the present case were received by the executing Court on the day on which the promissory notes and the cheque for Rs. 523 were sent by the Secretary, Municipal Corpora-lion, to the Court. This was long before the petitioners applied for rateable distribution, and hence they are out of time. Beachcroft, J.