AIR 1933 SINDH 368

Sindh High Court

Hon'ble Judge(s): Rupchand , J

Civil P.C. (5 of 1908) , S.73— Where right of Crown and subject meet at one and same time, right of Crowa should be preferred - Maxims, Detur digniori. Where the right of the Crown and that of the subject meet at one and the same time, that of the Crown is in general preferred, the rule being "detur digniori." The rights of the two attaching creditors and of Government were brought into existence atone and the same time and by the same decree. The assets were realized, or rather came into the hands of the Court, before any of the judgment creditors applied for execution and were held by the Court. The two creditors had obtained attachments but no payment had been made to them. The Crown had also obtained an attachment although on a later date : Held : that the Crown should prima facie be preferred to the other two claims :