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1940 Supreme(Mad) 141

HORWILL
Moidin Rowthan – Appellant
Versus
Dakshayani Amma – Respondent


ORDER

Horwill, J.

1. The petitioner filed S.C. No. 460 of 1935 against a debtor and attached before judgment some money that was in the hands of a garnishee. Some time later, the petitioner obtained a decree - we do not know its exact date, but it is said that it was some time before 7th March 1936. He did not take out execution of this decree. The respondents obtained a decree in S.C. No. 440 of 1935 against the same debtor, and in execution they also attached on 26th November 1935 this same sum of money in the hands of the garnishee. That money was paid into Court on 3rd March 1936, and upon an application by the respondents, the money was paid to them on 7th March 1936. The petitioner thereupon filed M.P. No. 590 of 1936, praying that the Court should recall the sum of money paid over to the respondents and distribute it rateably between them. That petition was dismissed by the Subordinate Judge of Palghat, and hence this revision petition. The petitioners contention is that he was entitled to a share in the money that had been paid into Court by the garnishee and that the lower Court acted illegally in paying that money over to the respondents. I contends that the Court was bound


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