Punchanun Bundopadhya, Minor By His ... vs Rabia Bibi And Ors. on 18 June, 1890
The moment he is a party the consequences of his being a party follow upon that conclusion, and the result is that what appears to be the last decision on the points, namely, Punchanun Bandophadhya v. Rabia Bibi (1890) I.L.R. 17 Calc. 711 is decisive on this matter. In that case it was laid down, following the principles already established by the earlier decisions of this Court, that an objection taken by a person who has become the representative of the judgement-debtor in the course of the execution of a decree to the effect that the property attached in satisfaction thereof is his own property and not held by him as such representative, is a matter cognizable only under Section 244 of the Code of Civil Procedure and not the subject-matter of a separate suit. The result is, therefore, that the judgement of the lower appellate court is right. It seems to me that there might have been some reason to question whether in this particular instance the mother, being a party herself to the original liability and personally liable under the decree, was a suitable guardian of the minor. I do not think it is open to us to deal with the point in this suit. Nothing we decide will prevent the minors from taking such steps as they may be advised to set aside the sale under the decree. The appeal is dismissed with costs.