JUDGMENT

1. This case has been referred to a Division Bench because of an important point of law involved in it. Ganeshi Lal was the Receiver of the estate of an insolvent Jagpal Saran. He brought a suit against one Musammat Bhagwati for a declaration that a will in her favour was not genuine and the property devised by the testator passed to the insolvent and not to her. The suit was dismissed with costs, the order being that 'the plaintiff do pay Rs. 323-12 to the defendant as costs.' An application for executing the decree for costs against Ganeshi Lal personally was dismissed by the execution Court on the 12th of January, 1924. The Receiver had in the meantime appealed to the High Court and on the 14th of February, 1927, the High Court dismissed the appeal. The order for costs as entered in the decree was in the following words, 'And it is further ordered that the appellant aforesaid do pay to the respondent No. 1 aforesaid a sum of Rs. 481-11 only the amount of the costs incurred by the latter in this Court, and it is farther ordered that the costs incurred in the lower Court be paid as awarded by the said Court.

2. The defendant-decree-bolder executed the decree of the High Cou