PALAMALAI CHETTIAR Vs. PALVVRRAMANATHAN CHETTIAR

JUDGEMENT

(1.) The subject-matter of this appeal is a sum of Rs. 1,584-7-1 lying in the Court, of the Subordinate Judge, Devakottai, to the credit of O.S. No. 108 of 1933. The facts are that certain properties were sold in execution of the decree in that suit and the sum of approximately Rs. 37,000, realised. The judgment-creditor and two other creditors of the judgment-debtors filed a joint statement in which the amount due to them in satisfaction of their respective decrees on the date of the confirmation of sale is entered. The total of these three amounts comes to Rs. 35,000 odd, and the balance remaining in Court is the subject- matter of this appeal.

(2.) It appears that after the sale had been confirmed and this statement had been received from the three decree-holders, a suit was filed by the judgment-debtors in 1936 for partition and there was an application by the auction-purchaser of the property at the sale in question for an injunction against the distribution of the sale proceeds. An injunction was issued and was not finally dissolved until two or three years had elapsed. This application by the judgment-debtors for the repayment to them of the surplus money lying in Court was opposed by the judgment-creditors who contended, that as they had not been able to draw out the money until the dissolution of the injunction passed in connection with the auction purchaser's application, interest on their decree amount as it stood on the date of the confirmation of sale should be allowed and therefore that the money still lying in deposit should be paid out not to the judgment-debtors but to themselves. Upon their opposition the learned Subordinate Judge of Devakottai dismissed the application of the judgment-debtors for re-payment of the money.

(3.) It was contended in the first instance as a preliminary objection that no appeal lies against this order. It was argued that the order was merely one dealing with the payment out of some money and, was one passed on an application filed specifically under Section 151, Civil Procedure Code and that no appeal lies against an order passed under that section by a Court in the exercise of its inherent powers. No doubt that is so, but this application is equally one under Section 4-7, Civil Procedure Code. It is clear that the main subject-matter of the application was a. question regarding the right of the decree-holders to obtain further sums by way of interest upon the decree amount. That clearly falls within Section 47 as relating to the discharge or satisfaction of the decree. We therefore over-rule the preliminary objection.