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1903 DIGILAW 12 (CAL)

Roshun Lall v. Ram Lall Mullick

1903-01-14

body1903
JUDGMENT Sale, J. - I think I must hold that the language of Section 310A of the Code is too precise to enable me to give effect to the arguments based upon the apparent conflict between Sections 295 and 310A as to rights of judgment-creditors, who have applied for rate able distribution and I think I must adopt the construction which has been placed upon Section 310A by the cases of Hari Sundari Dasya v. Shastri Bala Dasya (1896) 1 C.W.N. 195 and of Bihari Ball Paul v. Gopal Lal Seal (1897) 1 C.W.N. 695. The hardship of such a construction is not so great upon other creditors as it might seem at first sight, because the attachment of the property by these creditors would, on the sale being set aside, still hold good and there would seem to be nothing to prevent any of the judgment-creditors, who have attached, from proceeding to bring the property to a fresh sale under his attachment. I think the words "for payment to the decree-holder" must mean that he is the person solely entitled to the money, which has been paid into Court. The Applicant may have his costs of the application and add them to his claim and as regards the other creditors, who have appeared, they may also add their costs to their respective claims. I certify for Counsel.