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Judgment
5 paragraphs · 120 words
1.
As the plaintiff has never been brought on the record as decree-holder in Suit No 247 of 1885, it is clear that the provisions of Section 244 of
the CPC cannot apply to him, Halodhar Shaha v. Harogobind Das Roiburto ILR 12 Cal. 105. There was no appeal against the order refusing him
leave to execute if he had not been brought on the record as transferee plaintiff, Sambasiva v. Srinivasa ILR 12 Mad. 511.
2.
The decree of the District Judge must be reversed and the appeal remanded to be heard on the merits. The appellant is entitled to the costs of
this appeal, and the costs in the lower Appellate Court will abide and follow the result.