Purna Chandra Roy and Others Vs Abhaya Chandra Roy and Another

L.S. Jackson, J.@mdashThe 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.