This petition raises a question with regard to the right to rateable distribution given by Section 73 of the Code of Civil Procedure, but when ... petitioner. The petitioner objected to the respondent's claim to rateable distribution, but his objection was overruled by the District Munsif of Dharapuram
Court. This was long before the petitioners applied for rateable distribution, and hence they are out of time.
Beachcroft, J.
4. Have the promissory notes ... they have taken it. At any rate the order for rateable distribution was passed in December.
Beachcroft, J.
7. How could that be? How could
Civil P.C. Section 73(1), Civil P.C., relates to rateable distribution among decree-holders. Section 73(2) says:
Where ... assets liable to be rateably distributed under this section are paid to a person not entitled to receive the same, any person so entitled
execution, the surplus only being liable under the Code to rateable distribution among subsequent attaching creditors. It was however retained as Section ... attaching judgment-creditors were obliged to submit to rateable distribution with, but only with, other decree-holders who had applied to the attaching Court
very inadequate price. He further applied to have the assets distributed rateably under Section 73 , C.P.C, and also for such distribution ... this withdrawal was that he gave up his right to the rateable distribution. He subsequently proceeded to execute his decree and brought this property
thereafter distribute the balance of the compensation available for distribution within the meaning of sub-section (10) of section 32 rateably amongst the other decree ... have been reported to him: Provided that in making any such rateable distribution the prescribed authority shall have due regard to the provisions contained
property, the
applicant or any person entitled to share in a rateable
distribution of the assets or whose interest are
affected by the sale ... satisfaction, the assets,
after deducting the costs of realisation, shall be
rateably distributed by the Sale Officer among all such
applicants in the manner provided
execution or for rateable distribution in the 3 courts which received assets and distributed them before they were so distributed.
18. The relevant part ... distribution and Section 63(2) only validates the distribution made by a forum which is not in accordance with Section 63(1) . The distribution
Government of West Bengal made an application for rateable distribution, according to the dues of both the decree-holders, in Title Execution Case ... learned Subordinate Judge acted without jurisdiction in allowing the application for rateable distribution; firstly, because the application of rateable distribution was filed
decree in that suit also as there was an application for rateable distribution in respect of that decree which thus became a claim enforceable under ... void against claims enforceable under the attachment which includes claims for rateable distribution. When properties were brought to sale in execution
