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1955 Supreme(Cal) 146

K.C.DAS GUPTA, GUHA RAY
BASANTA KUMAR BHATTACHARJEE – Appellant
Versus
PANCHU GOPAL DUTTA – Respondent


Advocates Appeared:
RAM MOHAN BHATTACHARJI

( 1 ) THE petitioner obtained four money decrees against the opposite parties Nos. 1 to 4 and put them into execution in Money Execution Cases Nos. 69 of 1952, 13 of 1953, 37 of 1953 and 38 of 1953 in the 1st Court of the, Subordinate Judge at Alipore. Properties belonging to the judgment-debtors, opposite parties Nos. 1 to 4 were sold in Money Execution Case No. 8 of 1953 which had been started by opposite party No. 6 for execution of a decree obtained by him against them for a sum of Rs. 7,970/ -. The sale took place on 10-6-1953 and was confirmed on 16-7-1953. On 10-7-1953 the petitioner filed an application for rateable distribution of the sale proceeds of Rs. 8,115/- in respect of his claims in all the four Execution cases. The Court, however, held by its order dated 2-12-1953 that the petitioner was not entitled to rateable distribution in respect of Money Execution Cases Nos. 37 and 38 of 1953 but his prayer for rateable distribution in respect of the other cases should succeed. On that date he passed the following order :"basanta Kumar Bhattacharyya would, therefore, get rateable distribution in respect of Money Execution Case No. 69 of 1952 and Money Execution Case No. 13





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