Application claiming ratable distribution ought to have been filed before the property is brought in to sale is untenable.
Citation
Sannidhi Krishna Murthy Versus Ponipireddy Venkata Rao & Others
Head Note
Civil Procedure Code - Section 73, 115, 151 - it is no doubt true that petitioners in both Civil Revision Petitions obtained decree prior to decree obtained by first respondent. But first respondent brought the property of respondents 2 to 5 to sale. Sale was conducted and it was confirmed on 04.04.2008. It is only after the auction purchaser deposited the amount, which was received by the Court, petitioners filed their applications. Therefore, as per proviso (c) of subsection (1) of Section 73 of the CPC, proceeds of sale need not be rateably distributed among holders of decrees i.e. petitioners herein, because, they applied to the Court after sale of property. The interpretation of learned counsel for petitioners relying on decisions cited by him that Court is required to rateably distribute assets of decree holders even if they make applications after sale, cannot be accepted in view of clear language of the said proviso.
Comparative Citations:
2009 (6) ALT 498, 2010 AIR(AP) 79, 2009 (6) ALD 535
Comparative Citations:
2009 (6) ALT 498, 2010 AIR(AP) 79, 2009 (6) ALD 535
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