Lord Blanesburgh:-

This is an appeal from a decree of the High Court of Judicature at Patna, dated 4th February 1931, which reversed an order of the First Subordinate Judge there, passed on an objection taken to an application by the present appellants for execution of a decree of theirs against the respondent. The decree which the appellants sought to execute was passed on 19th September 1922, as a, money decree. It was directed against the respondent Ibrahim Hussain Khan personally in a suit to which he alone was defendant.

The objection to its execution was taken under S. 47, Civil PC 1908, and was made on behalf of the respondent through the general manager of the Court of Wards, Patna, as his next friend. The estate of the respondent had been under the management of the Court of Wards since 9th September 1902, when on his own Application under S. 6 (e), Court of Wards Act (Bengal Act 9 of 1879), that Court assumed charge and took possession of all the property to which he was entitled. The decreeholders, the appellants, had before their present application made attempts to attach and sell in execution of their decree, properties of the respondent in charge of the Court, but, it