Bombay High Court
Chhaganlal vs Fazarali And Ors. on 2 August, 1888
Equivalent citations: (1889)ILR 13BOM154
JUDGMENT Charles Sargent, C.J.
1. The question referred to us is not without difficulty, but we are disposed to adopt the ruling of the Calcutta High Court in In re Sunder Dass I.L.R. 8 Bom. 532, that the Court distributing the proceeds of execution under Section 295 of the Civil Procedure Code (Act XIV of 1882) should inquire into the bond, fides of the decree-holders if called in question and decide it in the same manner as all other questions that arise in execution. The party aggrieved will be entitled, under the last clause of Section 295, to bring a regular suit to compel the successful judgment-creditor in execution to refund.