Judgement

Appeal (No. 81 of 1922) from a decree of the High Court (September 22, 1920) reversing an order of the Subordinate Judge of Thana (October 5, 1918).

In the circumstances stated in the judgment of the Judicial Committee, Dattatraya Gandhi applied on October 3, 1918, to the Subordinate Judge to withdraw from Court the sum of Rs. 4000, which he had paid in on August 22, 1918, under a decree made in Suit No. 57 of 1914, wherein the appellant was a defendant. The respondent by a counter-application opposed the withdrawal, on the ground that it could not be made in defeasance of his rights ; he prayed that he might be brought on the record as a party to the execution proceedings, and offered either to pay the money to the defendant, the present appellant, or to repay it to Dattatraya Gandhi.

The Subordinate Judge made an order giving Dattatraya Gandhi leave to withdraw the money, which he did.

Upon appeal to the High Court (Macleod C.J. and Fawcett J.) the order was reversed, and a decree was made giving the present respondent liberty to deposit the amount previously brought into Court by Dattatraya Gandhi within eight days from the date when he had notice that the papers had b