Hirjee and Sons v Damji and Another (C.C. 320/1929)
Hirjee and Sons v Damji and Another (C.C. 320/1929) [1929] EACA 68 (1 January 1929)
The court held that, under Section 46 of the Civil Procedure Ordinance, when property is attached in execution of decrees from more than one court, the court of highest grade is responsible for receiving and realizing the property and must consider the claims of all attaching creditors, regardless of whether their decrees are from that court or a subordinate court. Section 50 applies to rateable distribution among decree holders who have applied for execution before the receipt of assets. The court rejected the view that only creditors who have transferred their decrees to the Supreme Court m…
Source excerpt
- Execution Of Decrees
- Attachment Of Property
- Rateable Distribution
- Multi-court Execution
- Priority Of Creditors