JUDGMENT :

Stanley, J.:—

A question under section 295 of the Civil Procedure Code is involved in this appeal. The plaintiff obtained a decree against one Shiam Lal and others on the 24th of December, 1898. The defendants had obtained a decree against the same parties two days previously. On the 26th of January, 1900, the plaintiff applied for execution of his decree and for the attachment thereunder of five houses and two plots of land, and this application was granted. Subsequently, the defendants applied for execution of their decree, and the same property was attached. The plaintiff appears to have made two applications for execution of his decree, but nothing was done under these applications. The defendants then applied for sale of the property, in pursuance of their attachment, and got an order for sale, and thereupon, on the 30th of October, 1900, the plaintiff applied, under the provisions of section 295, to the Court, for a ratable distribution of the money to be realized by that sale. The sale took place on the 31st of October, and was confirmed on the 4th of January, 1901. The plaintiff then made a fresh application for ratable distribution on the 19th of January, 1901,