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Judgment
The decision in Sambasiva v. Srinivasa ILR 12 Mad. 511 by which the District Judge considered himself bound was not passed with reference
to the last clause of Section 244: of the Civil Procedure Code, which clause was added by Act VII of 1888. The effect of the amendment was
considered in Manikkam v. Tatayya ILR 21 Mad. 388 and the decision in Badri Narain v. Jai Kishen Das ILR 16 All. 483 was referred to with
approval as deciding the question. We are of opinion that the effect of the amendment is to give the right of appeal against an order determining
whether a party applying for execution is or is not the representative of the decree-holder.
We allow this second appeal with costs and remand the appeal to the District Judge for disposal according to law.