High CourtsSingle Bench(1912) 08 MAD CK 0063

A.M. Murugappa Chettiar vs Narayanasamy Pillai and Others

Madras High Court · Decided on 16 August 1912 · Citation: 17 Ind. Cas. 389(1)

HON’BLE JUDGES
Sankaran Nair, J

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Judgment

2 paragraphs · 94 words

Sankaran Nair, J.—The Subordinate Judge decided that the petitioners are not entitled to rateable distribution u/s 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.