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1940 Supreme(Mad) 272

BURN
The Official Receiver – Appellant
Versus
Amara Seshayya – Respondent


JUDGMENT

Burn, J.

1. This appeal and this revision petition are brought against the order passed by the learned Subordinate Judge of Guntur in E.P. No. 84 of 1937 in O.S. No. 34 of 1931. The E.P. Was dated 1st March, 1937. The suit had been decreed on the 14th December, 1931, against ninth defendant for a sum of Rs. 23,741-1-2 with interest and costs. It was alleged in the E.P. that certain sums had been recovered in execution in 1936 and 1937 and that an amount of Rs. 30,582 plus further interest and costs was still due. The prayer in the E.P. was for execution against five defendants impleaded in the E.P. as supplemental defendants 10 to 14. The supplemental tenth defendant is the Official Receiver of Guntur and defendants 11 to 14 are said to be the minor undivided sons of K. Venkatasubba Rao the eighth defendant in the suit. K. Venkatasubba Rao had been adjudicated insolvent in I.P. No. 74 of 1931 and certain items of the joint family property had been sold by the Official Receiver for a sum of Rs. 6,555. The decree-holder alleged that he had attached the properties of the eighth" defendant before judgment in O.S. No. 34 of 1931. He said that he desired attachment by means of a p










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