( 1 ) IN Civil Suit No. 77 of 1952 filed in the Court of Civil Judge Senior Division Surat there was an attachment of a house and lands before judgment and a decree was passed for Rs. 17 740

( 2 ) IN Civil Suit No. 19 of 1955 which was filed in the Court of Civil Judge Junior Division Bulsar there was a consent decree for Rs. 3 854 on 5-10-1955 and the decree also created a charge on the same property namely the house and land. The decree was registered. In that suit Darkhast was filed by the present petitioner which was Darkhast No. 84 of 1957 to execute the decree in Suit No. 19 of 1955 and the property which was under charge was sold and money realised.

( 3 ) ON 18-4-56 opponent No. 1 filed a Darkhast in Suit No. 77 of 1952 for the sale of the same property and on 22-9-56 an attachment warrant was issued and the property was ordered to be sold under Order 21 Rule 66 C. P. Code. Subsequently in 1958 opponent No. 1 gave an application to the Surat Court to call for the amount realized by the Bulsar Court by the sale of the property in execution of the decree in Suit No. 19 of 1955 and an order was passed calling for the money realised by the sale. An application by the petitioner to cancel that order was dismissed on 21-11-60. It is against that order that the present revision has been filed.

( 4 ) THE lower Court purported to pass the order under section 63 Civil Procedure Code and it is contended that that section has no application. The learned counsel for the opponent No. 1 relies on Deekappa v. Chanbasappa 27 Bom. L. R. 917 and Ajudhia Pershad v. Sham Sunder A. I. R. 1947 Lahore 13 and also on the provisions of Order 21 Rule 49 Civil Procedure Code. Sec. 63 Civil Pro. Code reads as follows:- (1) Where property not in the custody of any Court is under attachment in execution of decrees of more Courts than one the Court which shall receive or realize such property and shall determine any claim thereto and any objection to the attachment thereof shall be the Court of highest grade or. where there is no difference in grade between such Courts the Court under whose decree the property was first attached. (2) Nothing in this section shall be deemed to invalidate any proceeding taken by a Court executing one of such decrees.

( 5 ) THAT section refers to cases where property is under attachment in execution of decrees of more Courts than one But in this case on the date of the order the property was not under attachment of more Courts than one In the Bulsar Court it was already sold in execution of a decree which created a charge on the property. Therefore sec. 63 of the Civil Procedure Code has no application. However the principle of sec. 63 of the Civil Procedure Code has been applied in 27 Bom. L. R. 917 to cases where an attachment is levied against a property and a decree passed against its owner by the Court of a higher grade but the property is sold by a Court of a lower grade in execution of a decree passed subsequently by it. The head note of that case reads as follows:-WHERE an attachment is levied against a property and a decree passed against its owner by the Court of a higher grade but the property is sold by the Court of a lower grade in execution of a decree passed subsequently by it the former Court is entitled under sec 63 of the Civil Procedure Code to ask that-the sale proceeds together with execution proceedings be transferred to itself in order that the proceeds may be rateably distributed among the decree-holders who have qualified themselves under sec. 73 of the Code.

( 6 ) THE Bombay case applies the principles contained in section 63 Civil Procedure Code to cases where the property is already under attachment by the Court of a higher grade but the property is sold by a Court of a lower grade in execution of a decree passed subsequently by the Court of the lower grade.

( 7 ) IT is true that in this case the decree in Suit No. 12 of 1956 was passed by a Court of lower grade but the property w