11th March 1935 had been fixed for sale. He prayed for rateable distribution. On that application the Second Court passed an order on the same ... dated 9th March 1935, in these terms:
Heard pleader. Prayer for rateable distribution of the assets to be fetched at the sale of the above
Chiraunji Lal was being executed. He made an application for rateable distribution of assets. It so happened that the Munsarim of the Court refused ... person entitled to share in the rateable distribution of assets. The result was that the application made by Ale Nabi was dismissed.
2. Ale Nabi
This batch of revision petitions arises out of an order for rateable distribution of the sale proceeds of property realised in execution of a decree ... obtained decrees against the father and the sons filed applications for rateable distribution of the said sale proceeds. The petitioner contended that no question
Procedure Code, provides that those decree-holders alone are entitled to rateable distribution who have applied for execution to the Court by which the assets ... Section 73 in this respect. Although the decree-holder claiming rateable distribution should ordinarily, as prescribed by Section 73, have applied for execution
This batch of revision petitions arises out of an order for rateable distribution of the sale proceeds of property realised in execution of a decree ... obtained decrees against the father and the sons, filed applications for rateable distribution of the said sale proceeds. The petitioner contended that no question
this section, claims enforceable under an attachment include claims for the rateable distribution of assets", and Section 64 makes void all transfers which ... have already pointed out, including those claims -as claims for rateable distribution.
2. Now, what happened was that on November 13, 1931, the decree-holder
compelled to pay cash money he could have applied for rateable distribution under Section 73, Civil P.C. and could have got a substantial portion ... amount to which he would be entitled on a rateable distribution under Section 73. But if there is no application before the Court which holds
execution of another's decree, he, having the right of rateable distribution is entitled to see that it has been sold ... price fetched the more would be his share in the rateable distribution. If he has not the right to claim rateable distribution, the surplus sale
family property and on the 22nd M*arch, 1935, applied for rateable distribution of the sale proceeds. Thf learned District Munsiff allowed his application ... relief either by way of execution or by way of rateable distribution where the sons' interests in the property are sought to be sold
assets realized, both the decree-holders would be entitled to a rateable distribution.
2. That an oral assignment of a debt is legally valid cannot ... applied for execution, and that accordingly the plaintiff was entitled to rateable distribution. It does not appear to have been argued before the learned Judge
