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1962 Supreme(Cal) 149

H.K.BOSE, DEBABRATA MOOKHERJEE
SATYENDRA NATH BOSE – Appellant
Versus
BIBHUTI BHUSAN BHAR – Respondent


DEBABRATA MOOKERJEE, J.

( 1 ) THIS appeal is from an order of G. K. Mitter, J. , dated March 27, 1961, refusing the appellant's prayer to participate under Section 73 of the Code of Civil Procedure in rateable distribution of certain assets held by the Court.

( 2 ) THE short facts required to be stated for the purpose of this appeal are that one Profuila Lal Guin (respondent No. 6) was heavily indebted to several persons including respondents Bibhuti Bhusan Bhar and Aminulla Khan. Profulla was in the employ of the National aim Grindlay's Bank Limited, and he had his Provident Fund Account with the Bank. In May, 1955, respondent Aminulla Khan obtained a decree against him for the sum at Rs. 7431 and odd. He applied for execution of the decree in August of that year. In September 1955 respon-dent Bibhuti Bhusan Bhar obtained a decree against Profulla for Rs. 8376 and odd. It was a consent decree which provided for payment of the decretal dues by annual instalments. Default having occurred in payment of the instalments, attachment of the money lying to the judgment-debtor's credit with the Bank was granted. Later on, however, upon Profulla's application the attachment was vacated, a






























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