JUDGMENT

Henry Richards, C.J. - This appeal arises out of a suit in which the plaintiffs sought a declaration that they were entitled to Rs. 627-9-6 out of a sum which had been deposited in court. The facts are as follows : Ambika Prasad brought a suit against Mahbub and others. Before Judgment he attached property which belonged to Mahbub, under the provisions of order XXXVIII of the Code of Civil Procedure. The property being of a perishable nature it was sold and the proceeds were lodged in court on the 29th of March, 1911. It is out of this sum that the plaintiffs seek to be paid the amount of a decree. The plaintiffs obtained their decree on the 12th of September, 1911. They made an application for execution by "attachment" of the money in court on the 10th of January, 1912. The court made an order on the 21st of February, 1912, in which it is stated that the property having been attached the money should be paid to the decree-holders upon application. An application for payment was made on the 23rd of February, 1912. On the 26th of February, 1912, Ambika made an objection to the money being paid to the decree-holders on the ground that he had attached it before judgment. The c