PROMOTHA NATH CHAKRAVARTI Vs. MOHINI MOHAN SEN

JUDGEMENT

(1.) The opposite party in this rule instituted a suit for recovery of money on a hatchitta against one Doyachand in the Court of the Munsif of Maldah. He applied for attachment before judgment of certain moveable properties of the defendant. The Court directed an attachment, but ordered that the properties were to be released from attachment on the defendant s paying Rs. 500 as cash security. The defendant paid Rs. 500 to the peon who went to attach the properties, which were accordingly released and the money was deposited in Court by the peon.

(2.) Subsequently, another creditor of the said Doyachand applied to the District Judge of Murshidabad to have him adjudged an insolvent under the provisions of the Provincial Insolvency Act and the petitioner was appointed interim Receiver of his estate. The petitioner thereupon applied to the Munsif of Maldah for payment of the said sum of Rs. 500 to him and for stopping payment of the amount to any rival claimant. The Munsif on the 11th April. 1911 stopped payment of the amount until further orders of the Court.

(3.) Doyaohand was adjudged an insolvent on the 25th May 1911 by the District Judge of Murshidabad, and the petitioner was appointed Receiver of his estate under Section 18 of the Provincial Insolvency Act. The petitioner then applied for payment to him of the said sum of Rs. 500. The opposite party obtained a decree in his suit in the Maldah Court on the 20th July 1914, and he objected to the application of the petitioner.