Somayya, J.

1. The decree in O.S. No. 13 of 1925 was being executed by the Official Assignee of Madras in the Sub-Court of Devakottah. Meanwhile another person who obtained a decree in O.S. No. 56 of 1931 brought certain properties to sale in execution of his decree. Some properties were sold in execution of that decree and the deposit of; one-fourth of the purchase money was made on 23rd September 1940. Mr. R. Rama Ayyar, advocate, Devakottah, who was appearing for the Official Assignee of Madras wrote on 24th September 1940 intimating the proceedings in O.S. No. 56 of 1931. He advised the Official Assignee that an application for rateable distribution must be filed and stated that the matter was urgent. This was in view of the fact that the application for rateable distribution, if any, should be filed before the purchaser paid the balance of the purchase money into Court. On 26th September 1940 the Official Assignee sent the necessary papers and the application was filed in the Sub-Court of Devakottah. In the course of the hearing of that application it transpired that at a prior stage in the course of execution of the decree in O.S. No. 56 of 1931, the judgment-debtor gave