Judgement

Appeal (No. 49 of 1939) from orders of the High Court (October 2, 1934, and February 1, 1935) which affirmed orders of the Subordinate Judge of Ramnad (December 23, 1931).

R. obtained a decree against S. for Rs.46, 253 in the Court of the Subordinate Judge of Ramnad and

S. obtained a decree against R. for Rs.33, 068 in another suit in the same court.

R. applied for execution of his decree against S. by attachment of the decree S. had obtained against him by setting off the amount realized against S.s decree and executing the decree in respect of the balance.

Both R. and S. died and proceedings were continued by and against their respective sons as their representatives.

Third parties (now respondents Nos. 2 to 10) had obtained aecrees against S. and one of them, who had obtained a decree against S. in another court, had attached the decree in question under Order XXI., r. 53, sub-r.1 (b), of the Code of Civil Procedure. They and S.s son (now the first respondent) opposed the application.

The Subordinate Judge dismissed the application on the ground that the decree could not be set off without the concurrence of all the attaching creditors.

On appeal, the High Court (Madha