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1945 Supreme(Mad) 304

YAHYA ALI
Rao Sahib P. V. Rangayya – Appellant
Versus
Tatavarty Nagapotha Rao – Respondent


JUDGMENT

Yahya Ali, J.

1. H.W. Maidan who was a partner in Maidan and Co., died in February, 1937. The business was continued by the surviving partner Rao Sahib P. V: Rangiah, who is the petitioner here, in the name of Maidan and Co. Jaldu Venkatasubba Rao obtained a decree in O.S. No. 546 of 1938, District Mun-siffs Court, Masulipatam, against the legal representatives of the aforesaid Maidan, the decree being against the assets of Maidan in their hands. The decree was passed on 9th June, 1939. In execution of the decree the decreeholder applied under Order 21, Rule 46 and Under Order 21, Rule 49 for the attachment of the assets belonging to the deceased Maidan in the partnership. The procedure prescribed in Rule 49 of Order 21 was followed and ultimately after the appointment of a receiver, examination of accounts and the determination of the value of the share in the goodwill of the business that belonged to Maidan, the Court below directed that the surviving partner who was the objector, should deposit in Court the amount claimed in the execution petition in satisfaction of the charge on the profits in his hands created under Order 21, Rule 49. This petition is to revise that ord





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