security
bond enured for benefit of decree holder-Effect of decree-
Rateable distribution when permissible-Jurisdiction of High
Court-Property situate outside limits of original ... findings the High Court held that the respondents
were entitled to rateable distribution. Against the High
Court's orders the appellant filed appeals
question whether from the point of time an order
for rateable distribution is passed by the executing Court
the monies in question cease ... seems to me that from the time of the order of
rateable distribution the money must be treated as belong-
ing, not to the judgment
April 20, 1955 obtained an order from the court
for rateable distribution of the sale proceeds. In appeal
the High Court accepted the plea ... decree-holder obtained an order
from the Court for rateable distribution of the sale pro-
ceeds. In other words, this order was passed
decree-holders moved an application for rateable distribution under Section 73 of the CPC. In the present case we are concerned with such application moved ... which provides as under:
73. Proceeds of execution sale to be rateably distributed among decree-holders-(1) Where assets are held by a court
Danesh Singh vs Har Pyari (Dead) Thr. Lrs on 15 December, 2025
2025 INSC 1434
M/S. Al-Can Export Pvt. Ltd vs Prestige H.M. Polycontainers Ltd. And ... on
that order inasmuch as they are against the order by which rateable distribution of the said sum of Rs. 29,000/-amongst the respondents ... Delhi, certain creditors of respondent 3 filed applications for its rateable distribution Under Section 73 of the CPC, The executing Court rejected their applications, whereupon
debtors, sell them to the
best advantage and distribute the proceeds
rateably amongst all credit. . It appears that
before the scheme under the competition could ... dispose of the assets of (defendants 1 to 6 and
distribute the proceeds rateably amongst the
creditors. Narayana Pillai died in February, 1938.
Veerabahu Pillai
decree-
holder, or any person entitled to share in a
rateable distribution of assets or whose
interests are affected by the sale, may apply
year in which the winding
up of a company occurred were distributed among the
shareholders, because in the winding ... shares. Surplus of
trading profit made in a particular year are distributable
rateably among all the shareholders as capital and it is not
right
