Muttalagiri Nayak vs Muttayyar And Ors. on 26 April, 1883

Madras High Court
Muttalagiri Nayak vs Muttayyar And Ors. on 26 April, 1883
Equivalent citations: (1883) ILR 6 Mad 357
Author: K Charles Turner
Bench: C A Turner, Kt., M Ayyar


Charles A. Turner, Kt., C.J.

1. We agree with the rulings of the learned Judges of the Calcutta and Bombay High Courts in Gopeenath Acharje v. Achcha Bibee I.L.R. 7 Cal. 553, Jetha Madhavji v. Najeralli Abhramji I.L.R. 4 Bom. 472 and Krishnashankar v. Chandmshankar I.L.R. 5 Bom. 198 that, when a person desires to share in the assets realized by a sale in execution, he must apply to the Court in which those assets are held for execution of his decree. When it is found that property attached by a Munsif’s Court is already, or thereafter becomes, subject to an attachment issued from a superior Court, the decree-holder must apply to the District Court to transfer his application to the higher Court if he desires to secure the application of the attached property and its proceeds to the satisfaction of his decree.

2. We affirm the order of the Court below, and dismiss this application, but without costs.

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