thereof, the assets, after deducting the costs of realisation, shall be rateably distributed among all such persons." The District Munsif held that as none ... Subbier's suit, that they had no right to rateable distribution under Section 73 and refused their application, and ordered that Subbier should draw
last of those darkhasts he had prayed for rateable distribution of the sale proceeds which would be realised in another and prior darkhast ... dismissed.
3. The objection on the point of limitation is this. Rateable distribution which was sought in darkhast No. 465 of 1934 could
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
also held decrees against the judgment-debtors, and they applied for rateable distribution and, after confirmation of the sale mentioned above, obtained an order ... rateable distribution of Rupees 4,279-12-9 amongst them. The decree-holder deposited the above amount in Court which was\ rateable distributed between
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
This petition raises a question with regard to the right to rateable distribution given by Section 73 of the Code of Civil Procedure, but when ... petitioner. The petitioner objected to the respondent's claim to rateable distribution, but his objection was overruled by the District Munsif of Dharapuram
Court. This was long before the petitioners applied for rateable distribution, and hence they are out of time.
Beachcroft, J.
4. Have the promissory notes ... they have taken it. At any rate the order for rateable distribution was passed in December.
Beachcroft, J.
7. How could that be? How could
Civil P.C. Section 73(1), Civil P.C., relates to rateable distribution among decree-holders. Section 73(2) says:
Where ... assets liable to be rateably distributed under this section are paid to a person not entitled to receive the same, any person so entitled
execution, the surplus only being liable under the Code to rateable distribution among subsequent attaching creditors. It was however retained as Section ... attaching judgment-creditors were obliged to submit to rateable distribution with, but only with, other decree-holders who had applied to the attaching Court
