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TMI Blog1938 (6) TMI 10X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 the sale proceeds of a house in Lahore ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 sold in execution of the decree obtained by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pany 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 inapplicable as the Courts of Mr. Bhatia a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 that an appeal or an application for ..... X X X X Extracts X X X X X X X X Extracts X X X X
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