court of Subordinae Judge to enable the decree-holders to have rateable distribution of the amount recovered in Execution Case No. 17 of 1970, came ... decree by attachment and sale and by joining in the rateable distribution of the amount to be recovered in the execution of the decree
decree-holder had in his prior application sought participation in rateable distribution. These pleas gave rise to the solitary issue which was in the following ... applied in the court of Shri Dev Raj Saini for rateable distribution in the execution proceedings in Gauri Shanker v. Kanwar Gopal but the same
decree-holder, applied on July 31, 1968 for rateable distribution of the assets held by the court among all the aforesaid three decrees in favor ... decision in favor of the decree-holders, holding that the rateable distribution was permissible amongst the various decrees, even though held by the same decree
would
be open for the said tortfeasor to claim rateable distribution from the
defaulting one. In this context, reference was made ... other. It
would be then for that party to claim rateable
distribution from the defaulting one."
13. No decision to the contrary was cited
directed to
be deposited in this court, it would have been rateably distributed in accordance with
Sections 63 & 73 of the CPC.
19. Section ... money in this Court, it could have been the subject of rateable
distribution at least between UIL and MICO. However, the hard reality
directed to
be deposited in this court, it would have been rateably distributed in accordance with
Sections 63 & 73 of the CPC.
19. Section ... money in this Court, it could have been the subject of rateable
distribution at least between UIL and MICO. However, the hard reality
directed to
be deposited in this court, it would have been rateably distributed in accordance with
Sections 63 & 73 of the CPC.
19. Section ... money in this Court, it could have been the subject of rateable
distribution at least between UIL and MICO. However, the hard reality
Code of Civil Procedure to challenge an order of rateable distribution. There were three separate decrees passed against one Bhim Sain in suits decided ... Then both of them filed application for rateable distribution on 12.4.66. about three months after the assets bad been received by the Court
other. It would be then for that party to claim rateable distribution from the defaulting one.
18. We fine support for this from judgments ... entire amount from the other, leaving such party to claim rateable distribution from the other"
20. This view also followed by Punjab & Haryana
vehicles, it is not necessarily implied
that the loss must automatically be distributed between the parties in
MAC APP. No.562/2004 Page ... whole amount from the other, leaving such party to claim
rateable distribution from the other.
18. The further finding of the learned Tribunal that