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A.M. Murugappa Chettiar Vs. Narayanasamy Pillai and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in17Ind.Cas.389a
AppellantA.M. Murugappa Chettiar
RespondentNarayanasamy Pillai and ors.
Excerpt:
civil procedure code (act v of 1908), section 73 - order for rateable distribution--whether open to revision by high court. - sankaran nair, j.1. the subordinate judge decided that the petitioners are not entitled to rateable distribution under section 73, code of civil procedure, as they did not apply to execute their decrees before the assets were realized by the court, though they had attached the properties sold before judgment. the contention of the petitioners is that their subsequent application relates back to the attachment.2. assuming the subordinate judge is wrong in his decision on this question of law, the high court will not interfere with his decision; further, the petitioners have their remedy by suit.
Judgment:

Sankaran Nair, J.

1. The Subordinate Judge decided that the petitioners are not entitled to rateable distribution under Section 73, Code of Civil Procedure, as they did not apply to execute their decrees before the assets were realized by the Court, though they had attached the properties sold before judgment. The contention of the petitioners is that their subsequent application relates back to the attachment.

2. Assuming the Subordinate Judge is wrong in his decision on this question of law, the High Court will not interfere with his decision; further, the petitioners have their remedy by suit.


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