JUDGMENT

W. Comer Petheram, C.J. - My answer to the question put to the Full Bench is, that an objection taken by one who has become the representative of the original judgment-debtor in the course of the execution of a decree to the effect that the property attached in satisfaction thereof is his own private property and not held by him as such representative, is a matter cognizable only u/s 244 of the Code of Civil Procedure, and not the proper subject-matter of a separate suit by a party against whom an adverse order may have been passed under Sections 280 and 281, as provided by Section 283.

2. Section 234 provides that when a judgment-debtor dies before the decree has been fully executed, the decree-holder may apply to execute it against the legal representative of the deceased, and the section goes on to limit the liability of the legal representative to assets of the deceased which have come to his bands, and gives the Court power to compel him to produce accounts, so that u/s 234 a question may arise between the decree-holder and the legal representative of the deceased as to whether the legal representative has or had assets of the deceased which are liable to answer the dec