Law: Civil Procedure Code (V of 1908)

Section: Ss. 73 & 47

(a) Civil Procedure Code (V of 1908)----   ---- Ss. 73 & 47-Order passed wholly and simply under S. 73 with regard to rateable distribution of assets between decree-holders-Not appealable-Order deciding matter covered by S. 47, however, subject to appeal although passed ostensibly under S. 73-Matter decided purely between two sets of decree-holders-Order does not fall within terms of S. 47-Remedy lies not by way of appeal but by suit provided by S. 73(2).   A I R 1927 Lah. 100 ; A I R 1935 Lah. 302 and A I R 1939 Bom. 112 ref.   (b) Azad Jammu and Kashmir Courts and Laws Code, 1949------   ----S. 13(3)-Word "judgment"-Means, in civil cases; decree and not judgment in ordinary sense.   A I R 1925 P C 155 and A I R 1948 Nag. 85 rel.  JUDGMENT   MUHAMMAD SHARIF, J.-This is an appeal against the orders of the learned Single Judge of this Court dated 2-1-63 and 7-1-63 by which respondent No. 1 was allowed to receive Rs. 84,632 out of the assets received by the Court and by which he was held entitled to share in the rate-able distribution of the assets received. The facts giving rise to this appeal are that Tariq Azim & Co. decree-holder appellant and several others includ ing Khan Muhammad Ismail obtained money decrees against Akbar Yusaf Masti Khan of Kashmir Forest Industries Ltd., Muzaffarabad from the Court of the learned Single Judge of this Court. Certain timber belonging to the judgment-debtor were attached in execution of the decree obtained by Khan Muhammad Ismail and sold. Various decree-holders applied for rateable distribution of the assets received by the Court. By order dated 7-1-63 the learned Single Judge decided that only 3 of the decree -holders i.e., Khan Muhammad Ismail Khan, Tariq Azim & Co. and Sh. Inam Ullah were entitled to the rate-able distribution. By order dated 2-1-63 Abdul Karim decreeholder-respondent who is a transferee of the decree from Khan Muhammad Ismail Khan decree-holder was allowed to withdraw Rs. 84,632. By order dated 7-1-1963 it was held by the learned Single Judge that Abdul Karim transferee from Khan Muhammad Ismail was entitled to share in the rateable…