JOTINDRA NATH DUTT Vs. DEBENDRA NATH DUTT

JUDGEMENT

(1.) On the 21 November, 1923, a suit, being Suit No. 2985 of 1923, was filed by, one Surendranath Ganguly against another, by name Debendra, for recovery of Rs. 7,321. On 7th January, 1924, a decree was passed for that amount. In execution of this decree certain G.P. notes belonging to Debendra, and in the hands of the Corporation of Calcutta, were attached, and in pursuance of the order dated 3 March, 1924, the same were made over to the Sheriff of Calcutta by the Corporation to the credit of Suit No. 2985 of 1923.

(2.) On 8 January, 1924 Jotindra Nath Dutt, the brother of Debendra, filed a suit against the latter for a declaration that the G.P. notes above referred to be charged with the re-payment of his claim. On 20 March, a consent decree was passed declaring such charge. On 8 May, 1924, an application was made by Jotindra Nath Dutt for the sale of the G.P. notes in the bands of the Sheriff of Calcutta and the sale proceeds be paid to him in satisfaction of his claim. But the application was abandoned. The present application was for the same relief.

(3.) The Sheriff of Calcutta to make over to the Registrar the said G. P. notes and the Registrar to sell the same and the sale proceeds to be placed to the credit of this suit, and but of the sale proceeds the applicant's claim in this suit be paid first, and if any balance is left the same to be placed to the credit of Suit No. 2985 of 1923 and paid to Surendra.