LAWS(PVC)-1919-3-117

NATHMAL GHAMIRMAL Vs. MANIRAM RADHAKISSON

Decided On March 22, 1919
NATHMAL GHAMIRMAL Appellant
V/S
MANIRAM RADHAKISSON Respondents

JUDGEMENT

(1.) The judgment-creditor in this case applies for payment of the money received by the Sheriff under a warant of attachment issued in execution of the decree in Suit No. 456 of 1918. The Prothonotary refused to issue an order in form 64 holding that the money was an asset available for ratable distribution.

(2.) The judgment-creditor had taken out a warrant in form 48 for attachment of the moveable property of the judgment-debtor under Order XXI, Rule 43.

(3.) The bailiff entered judgment-debtor s shop and showed the warrant to a partner in the judgment-debtor s firm and pointed out that if the money were not paid he would seize and keep in his custody the moveable property in his 6hop. The judgment-debtor then paid the decretal amount with costs of execution and sheriff s poundage.