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1924 Supreme(All) 168

DANIELS, MUKERJI
Sanwal Das – Appellant
Versus
Collector of Etah – Respondent


JUDGMENT

Mukerji and Daniels, JJ. - This is a second appeal by the decree-holder in execution proceedings. The facts are that a simple money decree was obtained by the appellant against one Rao Maharaj Singh in the court of the Subordinate Judge of Allahabad. The judgment-debtor held property in Aligarh. After the decree was passed, the estate of the judgment-debtor was taken over by the Court of Wards. The appellant decree-holder applied to the learned Subordinate Judge to have the Collector of Etah, as manager of the estate of the judgment-debtor under the Court of Wards, added on the record and for the decree to be transferred for execution to the court of the Subordinate Judge of Aligarh. The Collector was given notice of this application. He apparently at one time contemplated filing objections, for he sent a telegram asking for time to do so. Ultimately, however, no objections were filed and an order was passed adding the name of the Collector as manager on behalf of the Court of Wards and transferring the decree for execution to the Aligarh district. When the decree came before the executing court in Aligarh, the Collector objected to the execution on the ground that as the d

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