1924 (5) TMI 5

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....uld be dismissed and that an order should be made directing the Registrar to pay to the attorneys for the plaintiff respondents the sum of Rs. 21,850, and any interest that may have accumulated. 2. It appears that the plaintiffs obtained a decree for that sum on the Original Side of this Court. 3. An appeal was preferred by the defendants Chowthmull Maganmull to this Court: and, an applicati....

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.... that the amount of the taxed bill should be paid on or before the 17th April 1924. On the 16th of April, the appellants were adjudicated insolvents. On the 98th of April the attorneys for the plaintiffs wrote to the Official Assignee informing him that the appellants had been adjudicated insolvents and requesting him to let them know whether he intended to prosecute the appeal or not. The letter ....

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.... application that the Registrar should be directed to pay to the plaintiffs' attorneys the sum of Rs. 21,850 and any interest which may have accumulated in part satisfaction of the decree. 8. The learned Official Assignee argued that although the sum was paid into Court as a condition for obtaining a stay of execution, still the sum of Rs. 21,850 was property belonging to the insolvents wit....

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....r success. See Bird v. Barstow [1892] 1 Q.B. 94. It may be put in other words, viz., that the amount paid into Court was the money of the plaintiff respondents subject to their succeeding in the appeal and thereby showing that the decree in their favour by the learned Judge on the Original Side was correct. The words which were used by Lord Justice James in the case of Ex parte Banner, in re Keywo....