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1955 Supreme(Mad) 332

RAJAGOPALA AYYANGAR
Palanichami Chettiar – Appellant
Versus
The Reliance Bank of India, Ltd. , Madras, through its Secretary – Respondent


Advocates:
N.K. Ramaswami for Petitioner.
S. Ramachandra Ayyar for Respondent.

Judgment

These two revisions arise out of a common order passed in two applications for rateable distribution E.A. No. 164 of 1954 and E.A. No. 180 of 1954.

The decree-holder in O.S. No. 5 of 1953 attached certain properties belonging to the judgment-debtor, brought them to sale in E.P. No. 5 of 1954 and the sale having been effected is pending confirmation. Meanwhile the respondents in the revisions before me who held decrees in O.S. No. 9 of 1952 on the file of the Ramnad District Court and in O.S. No. 88 of 1953, District Munsif’s Court, Paramakudi, for the payment of money by the same judgment-debtor applied for rateable distribution of these assets to them also along with the decree-holders in O.S. No. 5 of 1953. The judgment-debtor is an agriculturist within the meaning of the Madras Indebted Agriculturists’ (Temporary Relief) Act, 1954. The question raised for decision is whether these applications for rateable distribution are barred by reason of section 3 of this Act.

The learned District Munsiff held that this provision was no bar and that the purpose of the enactment did not require the application for rateable distribution being thrown out. On this reasoning the applicati






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