JUDGMENT

1. This is an application by a rival decree holder from an order granting rateable distribution of the assets realised by the Court. The applicant had obtained a money decree against the judgment-debtor and his property had been attached by him and put up for sale at auction. The respondent decree-holder who also had a money decree against the same judgment-debtor from another Court got the decree transferred to the same Court which was executing the applicant's decree. After the execution of the decree, had been transferred, he filed an application on the 15th of March, 1929, describing it as an application for execution. It was in fact on a printed tabular form prescribed for applications for execution under Order XXI, Rule 11. All the particulars required for an application in execution were filled in from columns Nos. 1 to 9. In the last column No. 10 which has a heading 'the mode in which the assistance of the Court is required' he stated that the only property which the judgment-debtor had, had already been attached in execution of the other decree and was to be put up for sale on the 20th of March following. He, therefore, prayed that the decree holder should be paid