Charles Arnold White, Kt C J - (1.)The conclusion at which I have arrived in this case not, I confess, without doubt is that our answer to the question which has been referred to us should be in the negative. So far as Secs.231 and 248 are concerned no difficulty arises. In Section 234, I think, the legislature intended to draw a distinction between the Court which passed the decree, which is the Court referred to in the first paragraph of the section, and the Court executing the decree, which is the Court referred to in the second paragraph of the section., which, if the decree has not been transferred for execution, would be the Court which passed, the decree, and which if the decree had been transferred for execution, would be the Court to which the decree had been transferred. The first paragraph is the governing enactment which, in general terms, requires a decree-holder who desires to execute his decree against the representatives of a deceased judgment-debtor to apply to the Court which passed the decree. The second paragraph empowers the Court executing the decree, which, may be the Court which passed the decree and may be another Court, to compel the representative to produce accounts for the purpose of ascertaining the extent of the liability.
(2.)As regards Section 248 it is clear from the explanation to the section that when a decree has been transferred for execution, and the enforcement of the decree is applied for against the legal representative of a deceased party, the notice to the legal representative must be issued by the Court to which the decree has been transferred for execution. There is no difficulty in reconciling Secs.234 and 248. They can be construed together and due effect can be given to the provisions of each. It is impossible to give effect to the view taken by the Subordinate Judge without entirely ignoring the express provisions of Section 234.
(3.)The real difficulty of construction arises in connection with Section 244, c). Now it is quite clear that in enacting Section 244 (c) the Legislature were distinguishing between questions which must be determined by the order of the Court executing the decree, and questions which might be determined by separate suit. They were not distinguishing in cases where a decree had been transferred for execution between the powers to be exercised by the Court which passed the decree, and the powers to be exercised, by the Court to which a decree has been transferred. Further, an order under Section 234 is not an order on a question "arising between the parties to the suit in which the decree was passed, or their representives," within the meaning of these words as used in Section 244. All that the Court which passed the decree has to consider before making an order under Section 284 is whether A, B, is the personal representative, and whether the decree should be executed against him. All question arising between the judgment-creditor and the representative are decided by the executing Court after notice has been issued by the executing Court under Section 248.