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Bhagwan Das Vs. Sita Ram - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad High Court
Decided On
Judge
Reported in(1885)ILR7All733
AppellantBhagwan Das
RespondentSita Ram
Excerpt:
civil procedure code, section 244 - question for court executing decree--paty to suit--representative. - .....the decree-holder has attached in execution of a decree against lachm chand, is liable to be attached and sold under the decree; the appellant, who is the representative of the judgment-debtor, having objected that the property was the self-acquired property of himself, and not property inherited from the judgment-debtor, and therefore not liable in execution. this is a question which must be decided in the execution department under section 244, civil procedure code ram ghulam v. hazaru koer ante p. 547 may be referred to--and the court was in error to refuse to entertain and dispose of the objection. this order is set aside, and the case will be remanded for disposal. costs to be costs in the cause.mahmood, j.2. i concur.
Judgment:

Oldfield, J.

1. The question raised is, whether certain property which the decree-holder has attached in execution of a decree against Lachm Chand, is liable to be attached and sold under the decree; the appellant, who is the representative of the judgment-debtor, having objected that the property was the self-acquired property of himself, and not property inherited from the judgment-debtor, and therefore not liable in execution. This is a question which must be decided in the execution department under Section 244, Civil Procedure Code Ram Ghulam v. Hazaru Koer ante p. 547 may be referred to--and the Court was in error to refuse to entertain and dispose of the objection. This order is set aside, and the case will be remanded for disposal. Costs to be costs in the cause.

Mahmood, J.

2. I concur.


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