thereof, the assets, after deducting the costs of realization, shall be rateably distributed among all such persons:
Provided as follows:
(a)...
(b)...
(c) where ... thereof.
7. It is plain that to entitle a creditor to rateable distribution, he must have made an application to the Court, which holds
applied in the execution proceedings of Pedda Sambayya Chetty for rateable distribution and his application was granted on the 16th December, 1926, the date ... application for a rateable share in the assets. Indeed it has been held that a simple application for a rateable distribution is not enough
section "claims enforceable under an attachment include claims for the rateable distribution of assets."It had been held by the Courts in India ... holders other than the attaching decree-holder acquired no right to rateable distribution under Section 295 (now 73) of the Code until assets had been
pending, when their applications were made, the whole fund should be distributed rateably.
2. The lower Court quite properly followed Suikenna Katun v. Mahomed Abdul ... shall be divided rateably amongst all such applicants.
8. In the Act of 1903 another change in favour of rateable distribution was introduced by omitting
Prasad also applied for the execution of his decree and for rateable distribution. The Court, on 8th July 1927, directed that there should ... rateable distribution of assets. In execution, of the decree which Roop Chand held against the judgment-debtor the property was auctioned on 21st January
section " claims enforceable under an attachment include claims for the rateable distribution of assets". It had been held by the Courts in India ... holders other than the attaching decree-holder acquired no right to rateable distribution under Section 295 (now 73) of the Code until assets had been
arising in this appeal is whether a decree-holder applying for rateable distribution can assert his claim against another decree-holder who had attached ... judgment-debtor in satisfaction of his decree after the application for rateable distribution.
2. Defendant No. 1 obtained a money decree against one Huchappa
application necessary to other decree-holders who have applied for rateable distribution of the purchase-money deposited by the purchaser? (2) If such notice ... received their rateable shares, they were impleaded. The learned Judge has held that the respondents 2 to 4 having received rateable distribution
apply to the Court of the Subordinate Judge fora rateable distribution. He applied only to the Court of the Munsif in Mewa ... case for a rateable distribution. An intimation of his application was sent to the sale officer. Thus the sale officer had the claims
defendant 2. In January 1933 the plaintiff made an application for rateable distribution to the Court which had passed both these decrees, the application being ... this section claims enforceable under any attachment include claims for the rateable distribution of assets.
2. The argument is that because the Explanation states that
