GANGA DAS SEAL Vs. YAKUB ALI DOBASHI
GANGA DAS SEAL
YAKUB ALI DOBASHI
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Macpherson and Stevens, JJ -
(1.) Abdul Rahaman, having obtained a decree for money against the appellant, died before the decree was executed. Fazal Rahaman, the administrator of his estate, put the decree in execution and then transferred it by assignment in writing to Yakub Ali Dobashi, who applied to have his name put on the record as decree-holder and to execute the decree. The Munsif on the appellant's objection rejected the application, holding on the evidence adduced by the parties that the alleged transfer was a sham and collusive transaction. Yakub Ali Dobashi appealed, and District Judge, finding that there was a good transfer for consideration, reversed the Munsif's order and allowed the application.
(2.) This appeal is preferred by the judgment-debtor against the order of the District Judge, and his contention is that the Judge acted without jurisdiction in reversing the Munsif's order, as there was no right of appeal Against that order.
(3.) We think this contention fails. In our opinion the case comes under Section 244 of the Civil Procedure Code and the Munsif's order is a decree according to the definition of that term in Section 2 of the Code. The Allahabad Court held in Badri Narain V/s. Jai Kishen Das (1894) I.L.R., 16 All., 483, that a person who purchased a decree from the person in whose favour the decree was made is his representative, within the meaning of Clause (c), Section 244, and that the order of the execution Court determining whether he is or is not such a representative, if that question arises, is an order under Section 244 and therefore a decree.;
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