KARTICK CHANDRA GHOSE Vs. ASHUTOSH DHARA

JUDGEMENT

(1.) The question referred for decision to the Full Bench has been formulated in the following terms: If A, in execution of a decree for money against B personally, attaches and proceeds to sell properties of which B alleges that he is in possession, not in his own right, but as shebait of a deity to whom the properties have been dedicated, does the question raised fall within the scope of Section 244 or 278 of the Civil Procedure Code of 1882?

(2.) In order that a question may be determined under Section 244, it must arise between the parties to the suit in which the decree was passed. The question sought to be raised is not of this description, because while B is a party to the suit in his personal capacity, the claim is advanced by him in his capacity of shebait of a deity who is not a party to the suit.

(3.) In the opinion of the Full Bench, therefore, the question raised does not fall within the scope of Section 244. On the other hand, it falls within the scope of Section 278 read with Section 280.