Law: Civil Procedure Code (V of 1908)

Section:

Civil Procedure Code (V of 1908)------   ------Ss. 63 & 73-Scope -Property of common judgment-debtor not attached in execution application of one of several decree-holders nor any execution application made with prayer for rateable distribution before receipt of assets-Neither S. 63 nor S. 73 can be availed of.   A I R 1936 Cal. 723 ; A I R 1938 Lah. 754 ; A I R 1939 All. 159 ; A I R 1941 Oudh 277 ; A I R 1936 Mad. 797 and A I R 1938 Sind 175 ref.   JUDGMENT   This is an application for reviewing this Court's order dated 7-1-1963. Relevant portion of the order sought to be reviewed is reproduced below so that there should be no difficulty in understanding the case:-   "It is not disputed that those applicants, whose execution applications were pending in the Court before the receipt of assets, are entitled to rateable distribution. Judged in this light the applications of Tariq Azeem Bhatti and Sh. Inamullah only fall in such category. Execution application of Tariq Azeem was filed in this Court on 6-12-60 and in the case of Sh. Inamullah, the execution application was filed in the Court of the District Judge, Mirpur, who forwarded the same to this Court for rateable distribution on 1-4-1961."   In the review petition, filed against this order, the finding of this Court whereby Sh. Inamullah was held as entitled to rateable distribution has been questioned on the following grounds :-   that Sh. Inamullah's execution application which was pending before the DistrictJudge, Mirpur was never trans ferred by that Court to this Court to enable the decree holder to receive rateable distribution of the assets held by this Court ;   that no execution application by Sh. Inamullah for the satisfaction of his decree hadbeen made in this Court (raised verbally during the arguments) ; and   that no attachment of the timber belonging to the judgment-debtor, which had beenattached by this Court on the prayer of the decree-holder Muhammad Ismail Khan had been got attached by Sh. Inamullah in his decree to enable him to claim rateable distribution under section 63 read with section 73, C. P. C.   The learned…