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1933 Supreme(Mad) 85

BARDSWELL
Sait Punnamchand Chatraban, Firm of Marwadi Bankers, represented by their Mukhtyar Agent Sagarmal – Appellant
Versus
Vijjapu Satyanandam – Respondent


JUDGMENT

Bardswell, J.

1. The respondent to these BardswellJ. appeals obtained a decree in O.S. No. 67 of 1920 on the file of the Subordinate Court of Vizagapatam. The decree was transmitted to the District Court of East Godavari for execution. The respondent filed an Execution Petition No. 45 of 1925 in that Court and was given permission, on an application on that behalf, to bid at the execution sale and to set off the amount of his bid, if successful, against the amount due to him under his decree. The actual expression in the order was not "set off" but "credit" but it is perfectly clear and is not disputed that the effect of the order was to give permission to set off. The sale began on 7th January, 1927 and was concluded on 12th January, 1927, on which date the property was knocked down to the respondent. There has been no objection to the sale on any ground. On the evening on which the sale was concluded, but just after its conclusion, the appellants in these appeals, each of whom held a decree against the same judgment-debtor, filed petitions, asking for rateable distribution. The learned District Judge of East Godavari has dismissed the petitions, holding that they had not b





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