This reference raises a question of some importance which comes up frequently for consideration on the Original Side of the High Court.

In and by the decree in Civil Suit No. 423 of 1949, the applicant herein, who is the third plaintiff in the suit, became entitled to a sum of Rs. 3,800-10-0 out of the entire sum standing to the credit of that suit. He asked for payment out’ of a sum of Rs. 3,753-2-0 being the balance he was entitled to, after retaining a sum of Rs. 47-8-0 being the cost of stamps for engrossing the decree. On 20th April, 1951, the learned Master passed an order ordering payment out. An order of attachment of the moneys standing to the credit of the applicant in this suit was issued by the Court of Small Causes in execution of a decree obtained by one Krishnamurthi Ayyar against the applicant in Small Cause Suit No. 361 of 1951 and the said order of attachment was received in this Court on 26th April, 1951. Attachment was effected by this Court, and the original order was returned after service. Though the attachment was subsequent to the order for payment out, a cheque was issued in favour of the applicant in pursuance of the order of the le