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1978 Supreme(Pat) 157

HARI LAL AGRAWAL
S. M. Thakkar – Appellant
Versus
A. K. Hazra And Sons – Respondent


Judgment

1. The question that arises for consideration in this civil revision application is as to whether the opposite party No. 6, Madanlal Agarwala was entitled to get rateable distribution along with the petitioner in certain money.

2. The relevant facts, briefly stated, are as follows : The petitioner filed Money Suit No. 119 of 1969 against opposite party Nos. 1 to 5 in the Court of the Subordinate Judge at Jamshedpur for a decree for Rs. 46,000. Against the same judgement-debtors (opposite party Nos. 1 to 5), Execution Case No. 67 of 1971 was levied by one Banwarilal Agarwala for realisation of certain money in the Court of the same Subordinate Judge. After fully satisfying the decree of Banwarilal Agarwala, a sum of Rs. 18,000 was found in excess and was separately deposited by a chalan in the said Execution Case No. 67 of 1971.

3. The petitioner had attached before judgement the said sum of Rs. 18,000. The suit of the petitioner was decreed on 13-12-1971 and then he put the decree in execution in Execution Case No. 146 of 1971 on 20-12-1971. The decree being for more than the sum of Rs. 18,000 which was attached before the judgement, the petitioner, besides praying for paym















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