involved in this case is as to whether an order for
rateable distribution of the assets of the decree-holder could be passed ... this case is that as to whether there should be rateable
distribution or not. So, in view of the request having
been made
execution of Girdhari Lal's decree might be rateably distributed amongst the aforesaid decree-holders. The executing Court allowed his prayer.
Thereupon Girdhari ... been issued long before the other decree-holder applied for rateable distribution of the same.
2. Muni Lal defendant No. 1 controverted the above contentions
Senior Subordinate Judge, Ambala, allowing the respondents application for rateable distribution of the assets of the Judgment-debtor under section 73 of the Code ... obtaining orders for reteable distribution have their decrees transferred to the distributing Court and apply for rateable distribution to that Court, before the assets
moved an application under Section 73 of the Code praying for rateable distribution of the sale proceeds. Said application came up for hearing before ... Section 73 the mortgagee of the property is not entitled to rateable distribution in any surplus arising from the sale of such property in pursuance
revision petition filed
against the order allowing for a rateable distribution. The principle
of rateable distribution is governed through Section 73 C.P.C.
Section ... reads as follows:
"Proceeds of execution-sale to be rateably distributed
among decree-holders-(1) Where assets are held by a
Court and more
application under Section 78 of the Code of Civil Procedure for rateable distribution. The attached property was put to sale and Tara Chand, without obtaining ... thereof, the assets, after deducting the costs of realization, shall be rateably distributed among all such persons:
Provided as follows:
"(a) where any property
Reorganisation Act did not, however, make any express provision for the rateable distribution amongst the successor States of the goods tax payable by operators after
this section claims enforceable under an attachment include claims for the rateable distribution of assets."
Reference in this connection may usefully be made
entire amount from the other, leaving such party to claim rateable distribution from the owner of the other vehicle involved in the accident and found
amount to be awarded as compensation, and in the scheme of rateable distribution, of the amount between various claimants. Sub-section
