- Execution of decrees for court-fees in pauper suits should invariably be taken out within a very few days so as to prevent the money decreed being realised and spent by the pauper decree holder. In suits in which the pauper has wholly or partly succeeded, Government has a first charge on the subject-matter of suit under Rule 10 Order XXXIII of the Civil Procedure Code and this charge can be realised by Government in execution in accordance with the decision in Ram Das v. Secretary of State, [18 All 419]. In such suits, therefore, the subject-matter of the suit, whether it be money or other property, movable or immovable, should invariably be proceeded against without any avoidable delay. No enquiry under Rule 78 is necessary to ascertain the property which is the subject-matter of the suit.
