Devadoss, J.

1. The plaintiffs suit is for the recovery of a sum of money said to have been paid by the District Munsifs Court to the defendant who was not entitled to receive the same. The defendant got a decree in O.S. No. 99 of 22 against certain persons in July or August 1922. Before the decree he had attached certain moveables belonging to the defendants and proceeds of their sale were paid into Court. He applied for a cheque for the amounts due to him on 11th September 1922. The plaintiff who had filed O.S. 103 of 22 against the same defendants obtained a decree on 21st June 1922 and applied for attachment of the amount in Court on 80th June 1922 and the attachment was effected on 11th August 1922. Both the lower Courts have held that the plaintiff failed to file a proper execution application before 11th September 1922 and therefore he did not coma within the provisions of Section 73, Civil P.C., so as to be entitled to rateable distribution of the assets in Court. The plaintiff has preferred this second appeal.

2. The only point for consideration is whether Ex C is an execution application within the meaning of Section 73, Civil P.C., Ex- C is headed petition filed b