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
bank against the order of the lower court refusing rateable distribution of the amount brought to court in pursuance of the attachment and the sale ... payment of money and, therefore, the lower court should have allowed rateable distribution the assets.
As it appears that the bank was the bank
Civil Procedure . Is the executing court
competent to pass order for rateable distribution
as provided under section 73 of the Code in an
application filed ... filed
E.A.163/04 in E.P.363/01 for rateable distribution
of the assets realised by the sale of the attached
property
deposited and he may be allowed to realise the amount by rateable distribution. The court below found no basis in the petition and dismissed ... with the conditions prescribed in Section 73 of the Code for rateable distribution and dismissed the application. Aggrieved by the same this appeal has been
deposited and he may be allowed to realise the amount by rateable distribution. The Court below found no basis in the petition and dismissed ... with the conditions prescribed in Section 73 of the Code for rateable distribution and dismissed the application. Aggrieved by the same this appeal has been
liable to deposit the sale
price before the court for rateable distribution with the
appellant, as held in E.P.Abdul Latheef v. K.Vinodan ... subject to a
charge, a simple money decree holder cannot claim rateable
distribution under Section 73 of the Code. He further
contended that
Civil Procedure . Is the executing court
competent to pass order for rateable distribution
as provided under section 73 of the Code in an
application filed ... filed
E.A.163/04 in E.P.363/01 for rateable distribution
of the assets realised by the sale of the attached
property
rejecting the petition for rateable distribution of the assets in the
hands of the court by the sale of the plaint schedule property in that ... Therefore, the petitioner filed E.A.No.536 of
2004 for rateable distribution of the assets. The 1st respondent filed
objection therein. The Sub Court
decree. According to the petitioner, he is entitled to claim
rateable distribution of the assets held by the said court.
2. The petitioner ... money passed against the same judgment-debtor, such assets
shall be rateably distributed among all such persons, provided
the applications are made before the receipt
Court,
Kottayam as to rateable distribution of e surplus amount which
was in the custody of the Punjab National Bank (for short ... learned Sub Judge
has passed Ext.P5, order whereby rateable distribution
