NOOR MAHOMED DAWOOD Vs. BELASIRAM THAKURSIDAS

JUDGEMENT

(1.) This is an application by Hariram Sitaram as assignee of a firm sailed Noor Mahomed Dawood which, on the 21th January 1919, obtained an award against Bilasiram Thaknrsidas, the execution debtors. I will refer to the assignee as the present execution-creditor. The award was for Rs. 3,229 with certain interest and it became enforceable as if it were a decree on the 10th February 1919, having been filed in Court on that date. The execution-creditor s assignment is dated 25th February 1919. In the previous year the execution-debtors had had two other awards made against them in favour of Ram Chandra Chowthmull and Gopiram. Bhutica respectively. These awards had been filed in Court and applications for execution had been made to the Court thereunder in July and August 1918. Both of these applications were for attachment of the moveable property of the execution-debtors. It does not appear that under either of these applications attachment was in fact made but in any case no attachment thereunder was subsisting, at the date of the proceedings, hereinafter mentioned, taken by the present execution-creditor. By that time the claim of Gopiram Bhutiea on their award had been satisfied, but the "costs of execution" had not, and have not yet as I am informed, been paid. As regards the claim of Ramcbandra Chowthmull this, it is alleged, has been satisfied only in part, the interest included in the award not having been paid.

(2.) Proceedings to enforce his award of the 24th January 1919 were taken by the present execution creditor as follows:On the 25th March 1919 he applied for execution by attachment of movables. The warrant of attachment was issued on the 12th April and on the 30th April a gross amount of Rs. 3,554-1 0 was paid to the Sheriff by the attorney of the execution- debtors. Sheriff s poundage and charges (Rs. 134 9 0) and Accountant General s fees or stamps (Rs. 17-0-0) redueed this sum to Rs. 3,432 8-0 and when on the 31st May the money was paid by the Sheriff into Court under the rules of the High Court, Chapter XVIIV Rule 24, it shrank still further by Rs. 34-5-3, the Accountant-General s commission, and the amount that lies in Court to the credit of the cause is Rs. 3,398-1-9.

(3.) The application now made by the present execution creditor is to have that sum paid out to him in full. Gopiram Bhutiaa and Ramohandra Chowthmull by their attorneys appear on notice and ask for rateable distribution under Section 73 of the Civil Procedure Code.