RAM CHARAN SAHU Vs. SALIK RAM SAHU

JUDGEMENT

(1.) This appeal arises out of execution proceedings under the following circumstances.

(2.) An Insolvency Court, namely, the District Judge of Gorakhpur, passed a decree against the appellant Ram Charan Bahu in order that some money, belonging to the judgment-debtor which he had realized, he might replay. That decree having been passed, the receiver, Babu Raghubar Prasad, transferred the decree to the opposite party, Salik Ram. Salik Ram, having obtained an assignment applied for execution and obtained an order of transfer of the decree to the Court of the Subordinate Judge of Azamgarh. In that Court, for the first time, Ram Charan Sahu raised the objection that the decree that had been passed by the Insolvency Court was a nullity. That objection having failed, he preferred an appeal to the District Judge.

(3.) The District Judge held that the Court which passed the decree had recognized the title of Salik Ram to execute the decree and that it was not open to the Court at Azamgarh to go behind that order.