INDAJI MAJAJI Vs. COOVERJI NOWROJI GAMADIA

JUDGEMENT

(1.) This is a notice under the provisions of the Bombay High Court Rules 300 to 302. The plaintiffs obtained a decree against the defendant in this suit on August 10, 1925, for Rs. 3,289-7-0 for debt and interest and the costs of the suit. By a warrant of attachment they attached certain motor-cars and furniture belonging to the defendant under the provisions of Order 21, Rule 43, of the Code of Civil Procedure. On August 21, 1925, the Sheriff certified that he had received from the defendant Rs. 3,451-11-1 being the amount paid under the warrant of attachment of his moveable property under Order 21, Rule 43, and that he held the said sum subject to poundage and other incidental charges. On September 24, 1925, the Prothonotary certified at the request of the plaintiffs attorneys the names of three judgment creditors who had within twelve months prior to August 21, 1925, being the date of the realization of the assets mentioned in the Sheriff's certificate, applied for execution of their respective decrees for money against the judgment- debtor. On September 24, 1925, the Prothonotary issued, his notice to the said judgment-creditors and the plaintiffs for the determination of their respective claims to the said amount by me under the provisions of Rule 302 of the Bombay High Court rules.

(2.) The plaintiff's claim priority over the other judgment-creditors on the ground that the moneys were paid specifically for the object of raising the attachment on the moveables levied at their instance. The applicants, on the other hand, contend that they are entitled to rateable distribution along with the plaintiffs : under the provisions of Section 73 of the Civil P. C..

(3.) Section 73 of the Civil P. C. provides inter alia as under: Where assets are held by a Court and more persons than one have, before the receipt of such assets, made application to the Court for the execution, of decrees for the payment of money passed against the same judgment-debtor and have not obtained satisfaction thereof, the assets, after deducting the costs of realization, shall be rate, ably distributed among all such persons.