1. The second defendant who is the appellant before us claims ratable distribution out of moneys realised in execution of the decree in Original Suit No. 681 of 1904 on the file of the District; Munsif of Tinnevelly. In execution of that decree certain moveable properties which belonged to the ninth and tenth defendants were sold. The second defendant who had instituted Original Suit No. 701 of 1904 attached the same properties before judgment. The sale was held on the 10th March 1905, but the-proceeds were realised on various days up to the 1st of April. The second defendant applied for ratable distribution on the 11th March 1905. His application having been allowed the present suit is instituted by other decree holders against the same judgment-debtor, who raise the question as to the second defendants right to ratable distribution. We may aasume, notwithstanding the fact that the sale was held on the day previous to the date of the application for ratable distribution, if that application could be regarded as an application for execution within the meaning of Section 295, that it would entitle the applicant to ratable distribution, as the moneys were, as a matter of fact