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Judgment
We think the Subordinate Judge was wrong in holding that the defendant who had been exonerated from the suit was a party within the meaning
of Section 244 (c) of the Civil Procedure Code, and, therefore, that the plaintiff could not bring a separate suit against him, but was bound to
proceed in execution [see Mukarrab Husain v. Hurmatunnissa ILR 18 All. 52.
The fact that the plaintiff''s claim arises out of expenses incurred in the course of executing the decree makes no difference. We express no
opinion as to the merits of the plaintiff''s claim. We, therefore, reverse the decision of the Subordinate Judge and direct him to restore the suit to his
file and dispose of it according to law.
The respondent must pay the appellant''s costs.