AIR 1917 MADRAS 168 ::(1917) 5 Mad LW(136) 158 ::1917 (5) Mad LW 158

Madras High Court

Hon'ble Judge(s): Ayling, Seshagiri Aiyar , JJ

Civil P.C. (5 of 1908) , S.47, O.21 R.58— Execution proceedings - Claim by legal representative of judgment-debtor - Executing Court should hear and determine matter under S. 47-Appeal lies against such decision. Where a claim is preferred in execution proceedings by a person who has been brought on the record as the legal representative of the judgment-debtor and the claim is traceable to the same capacity in which he is brought in as a legal representative, the executing Court should hear and determine the matter under S. 47, Civil P. C. An appeal lies against an order passed In respect of such claim: