Radhakissen Chamria vs Durga Prosad Chamria on 3 June, 1940
In the case of Unao Commercial Bank, Ltd. v. Mohair Gobind Rai (1930) A.L.J. 945 no question arose about the power of the attaching decree-holder to adjust the attached decree to the prejudice of his judgment-debtor. In that case, the simple question was whether the attaching decree-holder was a representative of the original decree-holder (his own judgment-debtor), for recovering out of Court the amount of the decree under the provision of Order XXI, Rule 1(b). It was argued that the power to receive such payment out of Court resided, under the terms of the said rule, in the decree- holder only.