This is a revision under section 115 of the Civil Procedure Code, from an order dismissing the petitioner’s application for rateable distribution under section 73 of the Civil Procedure Code. Though the petitioner can pursue his claim by way of a suit, as this revision petition has been pending in this Court from 1962, and the question for decision is a simple one, it not being disputed that the matter would otherwise come under section 115 of the Civil Procedure Code, the faintly put forward preliminary objection is overruled.

The petitioner obtained a decree against the defendant in O.S. No. 44 of 1959 on the file of the Subordinate Judge’s Court, Coimbatore, and for the realisation of a sum of about Rs. 79,264 due under the decree he had the decree transferred to the Subordinate Judge’s Court, Devakottai, for execution, and filed therein, E.P. No. 25 of 1960 on 2nd February, 1960 for attachment and sale of certain immovable properties. Attachment was ordered on 5th February, 1960, and order for sale was made on 19th July, 1960, the properties to be proclaimed and sold on 5th September, 1960. It is seen from the records of execution that there was no sale, and subsequentl