High Courts

Purna Chandra Roy and Others vs Abhaya Chandra Roy and Another

Calcutta High Court · Decided on 2 February 1870 · Citation: (1870) 02 CAL CK 0017

CASE NUMBER
Miscellaneous Special Appeal No. 449 of 1869
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Judgment

1 paragraphs · 93 words

L.S. Jackson, J.—The contention in this case is, that the Judge of the lower appellate Court ought not to have allowed the decree-holder to carry on execution, if he had found that the assignment of the decree was a benami transaction, and there is no other circumstance alleged. The mere fact of a decree being assigned to A, for his benefit, although by agreement the name of B was used, will not prevent execution being taken out in the name of the ostensible decree-holder. I think the appeal must be dismissed with costs.