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1944 Supreme(Mad) 43

HORWILL
Official Receiver – Appellant
Versus
N. Subbamma – Respondent


JUDGMENT

Horwill, J.

1. In O.S. No. 539 of 1934, a suit for money, a certain quantity of indigo belonging to the defendant was attached before judgment; and as this was liable to deterioration it was sold, which meant that the attachment fastened itself to the money. A decree was passed on 14th September 1935. On the same day, a cheque petition was filed, E.A. No. 600 of 1935, praying that a cheque might be issued for the sum attached. Within a fortnight or so, on 2nd October 1935, the judgment-debtor filed an insolvency application, which was admitted two days later. On 10th October, the Official Receiver wrote a letter to the Court, drawing its attention to the fact that the property had become vested in him and asking the Court not to proceed any further. It seems that the defeated claimants had moved the High Court to pass an injunction restraining the decree-holder from drawing the money. In consequence of an endorsement on the cheque petition that it was not pressed for the present, the petition was dismissed on 31st October 1935. On 4th March 1936, the judgment-debtor was adjudicated an insolvent. The money realised by sale of the indigo is claimed by the Official Receiver as


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