JUDGMENT

Sulaiman, J. - This is a judgment-debtor's appeal arising out of certain execution proceedings. A decree was passed against the defendant-appellant on the 18th March 1920. In the suit the defendant-appellant was treated as a major. He did not appear and the decree was ex-parte. When the decree was put in execution the judgment-debtor filed an objection, urging that the decree was a nullity and binding on him inasmuch as he was in fact a minor on the data when it was passed.

2. The Court of first instance went into the question of the alleged minority and came to the conclusion that the defendant was in fact a minor. Purporting to act on the execution side, it disallowed the application for execution and referred to the provisions of Order 32, Rule 5, Sub-clause 2. No express order discharging the previous decree was however passed by it. The decree-holder appealed to the District Judge who has allowed the appeal and ordered execution to proceed. The learned Judge is of opinion that the executing Court was not entitled to go behind the decree which, on the face of it, had been passed against an adult person. On the question of fact he however agreed with the view of the first