Skip to content


Visvanathan Krishtiah Vs. Yerrabanda Pedda Venkata and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in160Ind.Cas.573
AppellantVisvanathan Krishtiah
RespondentYerrabanda Pedda Venkata and ors.
Cases Referred and Aiyisa Bin Ammal v. Jokara Bevi
Excerpt:
civil procedure code (act v of 1908), sections 47, 73 - rateable distribution--order affecting decree-holders only-appealability--effect of attachment before judgment. - .....that no appeal lies as the dispute in this case relates solely to questions between two rival decree-holders and the judgment-debtors are not interested in the dispute in any -manner. the amount sought to be obtained by execution of the decree by the 4th respondent is a sum of rs. 4.333-1-6. the sale of the properties fetched rs. 3,525. the amount of the decree of the appellant is rs. 500 with costs. it is clear that the judgment-debtors are not in any way interested in the question as to whether the amount realised by sale of the properties should be rateably distributed between the rival decree-holders. in a case like this where the question relates only to a dispute between rival decree-holders in which judgment-debtors are not interested, it has been held by this court that the.....
Judgment:

1. The decree holder in O. S. No. 112 of 1932 on the file of the District Munsif's Court of Kurnool is the appellant before ns. He obtained a money decree against respondents Nos. 1 to 3. Against the same respondents the 11th respondent before us had obtained a decree in O. S. No. 26 of 1930 on the file of the Sub-Court of Kurnool. He applied by E. P. No. 7 of 1932 for attachment of the properties of the judgment-debtor's on October 26, 1932. The sale of the properties was adjourned to August 22, 1933. On that date the appellant filed E. P. No. 836 of 1933 in the District Munsif's Court for execution of his decree. Oa the same date he filed an application for rateable distribution in the District Court of Kurnool. The question was whether he was entitled to rateable distribution. The lower Court dismissed his application and this appeal is against that order of dismissal.

2. A preliminary objection is taken that no appeal lies as the dispute in this case relates solely to questions between two rival decree-holders and the judgment-debtors are not interested in the dispute in any -manner. The amount sought to be obtained by execution of the decree by the 4th respondent is a sum of Rs. 4.333-1-6. The sale of the properties fetched Rs. 3,525. The amount of the decree of the appellant is Rs. 500 with costs. It is clear that the judgment-debtors are not in any way interested in the question as to whether the amount realised by sale of the properties should be rateably distributed between the rival decree-holders. In a case like this where the question relates only to a dispute between rival decree-holders in which judgment-debtors are not interested, it has been held by this Court that the question is not one which arises under s. 47 of the Civil Procedure Code, and the decision is not, therefore, liable to appeal.

3. See Varada Ramaswami v. Vumma Venkataratnam 42 MLJ 473 : 67 Ind. Cas. 548 : 30 MLT 178 : 15 DW 421 : (1922) MWN 184 : AIR 1922 Mad 99. See also the decision in Aiyisa Bivi Amal v. Jokara Bevi 29 MLJ 375 : 90 Ind. Cas. 889 : 22 LW 740 : AIR 1925 Mad. 1265. The appellant's learned Counsel seeks to distinguish these cases by saying that in his suit the decree-holders had before obtaining judgment attached the property and since he had so attached it he gets an interest in the property and he becomes a representative of the judgment-debtor: and so the dispute is between parties to the suit within the meaning of Section 47. No authority in support of this contention has been brought to our notice. Reference has been made to certain observations in the decision in Veyindramuthu Pillai v. Maya Nadan 43 M 107 : 54 Ind. Cas. 209 : (1919) MWN 881 : 26 MLT 391 : 38 MLJ 32 where the learned judges held that an auction-purchaser is a representative of the judgment-debtor. Having regard to the fact that that case is not one which arises under Section 73, we are not inclined to extend the principles mentioned in that decision to this case. In our opinion this case must be governed by the. decisions in Varada Ramaswami v. Vumma Venkataratnam 42 MLJ 473 : 67 Ind. Cas. 548 : 30 MLT 178 : 15 LW 421 : (1922) MWN 184 : AIR 1922 Mad 99 and Aiyisa Bin Ammal v. Jokara Bevi 49 MLJ 375 : 90 Ind. Cas. 689 : 22 LW 740 : AIR 1925 Mad. 1265 referred to above. If so, the appeal is incompetent.

4. We are asked also to treat this appeal as a revision petition and deal with it on that basis. To our minds it does not appear that there is any question of jurisdiction involved in this appeal.

5. We uphold the preliminary objection and dismiss the appeal with costs.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //