favour of the plaintiff holding that the plaintiff is. entitled to rateable distribution. The facts-are that the plaintiff and defendant 1 and 1 defendant ... dismissed on the April 1932. Defendant 2 made an application for rateable distribution and it was allowed and the proceeds Rs. 5000 were divided, defendant
appellant Lai Singh Nayal and defendant-respondent Nitya Nand applied for rateable distribution under Section 73, Civil P.C., and their applications were allowed ... Nand, being aggrieved by the executing Court's order granting rateable distribution to Lai Singh Nayal and Nitya Nand, instituted a suit under Section
decrees against the same judgment-debtor in other suits, applied for rateable distribution. The decrees of respondents Nos. 7 and 8 were obtained long after ... paid into Court by the surety is subject to rateable distribution. The lower Courts have held that the sum of Rs. 700 which was paid
before the sale proceeds were actually brought into Court, for rateable distribution. If this were all, no objection could be raised against the application ... that is, about a couple of months before the application for rateable distribution was presented by them, and the first question which falls
intention was to make an exception from the rule relating to rateable distribution. Thirdly, I think it quite clear from our rules that rateable distribution ... procedure. It is complicated, but so long as the principle of rateable distribution applies it is necessary, and this case and others with which
appeal raises an interesting point with regard to the effect of rateable distribution of assets upon the amounts payable to the decree-holder under ... about one half of the total decree amount by way of rateable distribution. Subsequently to the receipt of this money the third defendant has admittedly
decree-holder or any person entitled to share in a rateable distribution of assets, or whose interests are affected by the sale, may apply ... applied for execution, and therefore, was not entitled to rateable distribution of the proceeds of the sale was not a person whose interests were affected
also secured decrees against these judgment-debtors applied for execution and rateable distribution under Section 73 , Civil Procedure Code. In spite of the pendency ... execution and the other decree-holders who were held entitled to rateable distribution. An attempt was made to support this contention by certain observations made
Civil P.C. can be regarded as an asset liable to rateable distribution under Section 73 of the Code. It was so held ... under Section 73 of the Code, it was not available for rateable distribution because it was specially paid for the benefit of a particular decree
Before that date, on 4th March 1937, an order for rateable distribution was passed in another Money Execution Case No. 86 of 1936. The actual ... sale on 10th March 1937 because the question of rateable distribution was pending and that question was not decided until after the notice under Section
