1938 (6) TMI 10

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... the Respondent. ORDER Tek Chand, J. - This is a petition for revision of the order of Mr. Mulk Raj Bhatia, Subordinate Judge First Class, Lahore, dated 8th May 1937, holding that the petitioner the Simla Banking and Industrial Company Limited is not entitled to rateable distribution with the Indo-Swiss Trading Company Ltd., Calcutta and the Peoples Bank of Northern India (in liquidation) in....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....lass, Lahore. This decree-holder applied to Mr. Maharaj Kishore for execution of its decree by sale of the same house. The application was granted, and the house was attached on 8th July 1936. A third creditor, the Peoples Bank of Northern India had a decree against Mr. Gauba and proceedings in execution of its decree were pending in the court of Mr. Bhatia. On 1st August 1936, the house was so....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... the sale; but that the Simla Banking Company is not entitled to share rateably in the sale-proceeds as no application for rateable distribution had been made by this decree-holder in this Court before the receipt of the assets. He has held that the attachment of the house by order of Mr. Maharaj Kishore, before the sale, is of no avail to the petitioner, and Section 63, Civil Procedure Code was i....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... distribution of the sale proceeds of the house in question. This application has been granted by the Court below. The petitioner, who is a rival decree-holder has preferred to this Court a petition for revision arising out of this order. It was held by a Full Bench of the Chief Court in Kishen Singh v. Industrial Bank of India following the decision of the House of Lords in Humber v. Griffiths th....