Ramabhadran, J. - (1.) This appeal has been referred to us by our brother Nasir Ullah Beg, J. on the question, whether a Custodian taking an objection under Section 17 of the Administration of Evacuee Property Act can be said to be acting as the representative of the evacuee judgment-debtor within the meaning of Section 47, Civil Procedure Code.
(2.) The facts giving rise to this appeal as stated in the order of reference are that the present appellant obtained a decree for a sum of Rs. 1,800 against the evacuee and in execution of that decree put the house of the judgment-debtor to sale. At that stage of Custodian appeared and filed an objection under Section 17 of the Administration of Evacuee Property Act, claiming immunity from all proceedings in execution. The trial court dismissed the Custodian's objection and permitted the execution to proceed. On the appeal being taken the First Additional Civil Judge of Agra allowed the objection of Custodian and set aside the order of the executing court dismissing his objection, since it was not open to the Custodian to go up in appeal against the order of the executing court dismissing his objection, since it was not an order covered by Section 47 Civil Procedure Code.
(3.) We have heard learned counsel for the parties, Sri H. N. Seth for the appellant, contended that a Custodian cannot be deemed to be a representative of the original judgment-debtor, within the meaning of Section 47, Civil Procedure Code so as to confer a right of appeal upon him. He pointed out that the Custodian derives his powers, not from the original judgment-debtor but from the Act. Indeed, as brother Beg has pointed out, there may be instance where the Custodian acts not in the interest of the original judgment-debtor but in conflict there-with. In this particular case, the objection taken by the Custodian was one under Section 17 of the Administration of Evacuee Property Act, i.e. to the effect that the property in question was immune from attachment and sale. Obviously that was not an objection which the original judgment-debtor could himself have taken.;