GOVINDA PILLAI, GANGADHARA MENON
Manuel Nadar – Appellant
Versus
Varunel Nadar – Respondent
1. The attaching decree-holder is the appellant. The appeal raises the question of the competing claims of the attaching decree-holder and the assignee-decree-holder to execute the decree. The decree in the case was obtained by the foreman of a chitty on the basis of a chitty security bond for the arrears of subscriptions due from a prized subscriber. It is dated 9.5.1121. On 24.5.1121 the decree-holder and one Savarimuthu Nadar Devasayaham Nadar filed a joint execution application stating that the decree was assigned to the latter and praying that he may be permitted to execute the decree. For the money due to the appellant as a non-prized subscriber in the identical chitty he had obtained Ext. I decree against the foreman. In execution of that decree, the appellant attached the decree in this case. The order of attachment was received in the case on 15.10.1121 and it was given effect to. Savarimuthu Nadar Devasahayam Nadar died and his children as his legal representatives filed an execution application on 24.4.1124 praying that the assignment of the decree in favour of their father may be recognised and they may be permitted to execute the decree. The contended that
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