VED AND SOPHER Vs. RPWAGLE AND CO

JUDGEMENT

(1.) In this matter the plaintiffs, Messrs. Ved and Sopher, ask for payment to them of the amount of a decree obtained by the defendants R. P. Wagle & Co. against one Narotamdaa Haridas attached in execution of the decree in favour of Ved and Sopher in the suit and realised by the Sheriff.

(2.) The application is opposed by Messrs. Hiralal & Co., who acted as solicitors for R. P. Wagle & Co,, and who have got a charging order in their favour on the decrees in favour of R. P. Wagle & Co,, one of which is the decree attached in the present execution proceedings, The said decree was passed on July 8, 1924, and was attached by Ved and Sopher on July 10, 1924. The solicitors, Messrs. Hiralal & Co., got the charging orders on July 15 and 16, 1924. Thereafter Narotamdas Haridas, the judgment-debtor in the said decree, paid the monies in the Sheriff's office on August 5, 1924. The Prothonotary has certified that the only claim in execution against the amount of the decree is that of the decree-holders, Messrs. Ved and Sopher. The amounts paid in execution are now two sums of Rs. 2,500 and Rs. 500. Messrs. Hiralal & Co. contend that they are entitled to receive the said amounts in priority to the attaching creditors.

(3.) I have taken time to consider this matter because I was told that there were orders of this Court wherein the right of the judgment-creditor was held to have priority over the lien of the solicitor where a charging order had not been obtained prior to the attachment by the judgment-creditor. I am unable to find any judgment with grounds or reasons for the judgment, and as this is a matter of importance to solicitors, I have gone through all the authorities on the point and I have given very careful consideration to the matter.