Law:

Section:

(a) Civil Procedure Code (V of 1908)--O. XXI, r. 52-Money or property held in deposit for benefit of Court for satisfaction of decree-Held, only so much of it as is surplus to decree can be claimed by any authority having a legal claim to it including official assignee. A. T. R. L. M. Muthiah Chetti v. Palaniappa Chetti and others A I R 1928 P C 139 ; Moncharlal Banerjee v. Bengal Immunity Co. Ltd. and another A I R 1945 Cal. 308 and Saroop Singh v. Narsingh and others A I R 1929 All. 846 ref. Bird v. Barstow (1892) 1 Q B 94 ; Chowthmul Manganmull v. The Calcutta Wheat and Seeds Association A I R 1925 Cal. 416 and Gouranga Behari Basak and another v. Manindra Nath Das Gupta Nath Das Gupta A I R 1933 Cal. 625 fol. (b) Civil Procedure Code (V of 1908)- --O. XXI, r. 52 read with Enemy Property (Custody and Registration) Order, 1965-Non- evacuee enemy property-Not only nothing wanting in order passed under O. XXI, r. 52, C. P. C., effect of undertaking given by Custodian of such funds, a public officer, would make that amount available for satisfaction of decree in favour of a non-evacuee-So much of amount as required for satisfying decree, held, cannot be hit by provisions relating to enemy property. (c) Civil Procedure Code (V of 1908)- ----O. XXI, r. 52-Effect of attachment-Effect of attachment under O. XXI, r. 52 : amount available in Court for satisfaction of decree and no part of it in excess of decretal amount. ORDER SHAFI-UR-REMIAN, J.-Assistant Custodian of Enemy Property seeks leave to appeal against an order of the Lahore High Court passed in revision converting a first appeal whereby the rejection of the objection filed by the petitioner before the executing Court, was upheld. 2. The facts of the case, in brief, are that Mr. C. E. Bevan Pitman deceased was operating in partnership with R. B. Ishordas Kapoor Makerwal Colliery. One of the terms of the partnership was that the partnership account shall be kept in Imperial Bank, Lahore alone. Finding that Ishar Das Kapoor, the partner, had opened and was maintaining partnership account in Traders Bank Ltd. a civil suit was instituted against him on 17-1-1948 impleading also the Traders Bank Ltd. seeking…

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