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Srinivasa Ayyangar Vs. Seetharamayyar and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1896)ILR19Mad72
AppellantSrinivasa Ayyangar
RespondentSeetharamayyar and ors.
Cases ReferredPallonji Shapurji Mistry v. Jordan I.L.R.
Excerpt:
civil procedure code - act xiv of 1882, section 295--rateable distribution--assets realized in execution. - 1. it seems to us clear that the debt due by the third party to the judgment-debtor, when paid into court, was realized within the meaning of the 295th section pallonji shapurji mistry v. jordan i.l.r. 12 bom. 400 and was therefore liable to rateable distribution among those who applied before the payment into court.2. in manikkam's case the application was not made till after the payment into court, and he therefore is not entitled to distribution.3. the order must be altered accordingly.4. no costs.
Judgment:

1. It seems to us clear that the debt due by the third party to the judgment-debtor, when paid into Court, was realized within the meaning of the 295th section Pallonji Shapurji Mistry v. Jordan I.L.R. 12 Bom. 400 and was therefore liable to rateable distribution among those who applied before the payment into Court.

2. In Manikkam's case the application was not made till after the payment into Court, and he therefore is not entitled to distribution.

3. The order must be altered accordingly.

4. No costs.


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