The opinion of the High Court was delivered by
Couch, C.J:— We think the plaintiff is entitled, as the Judge of the Small Cause Court is of opinion, to have the Ss. 97-12-6, the balance of the assets, after making the necessary deduction for expenses, paid to him towards satisfaction of the decree which he had obtained.
The provision in s. 203, Act VIII of 1859, entitles the decree-holder to have his decree satisfied out of the property of the deceased, or out of the property of the defendant, the executor, if it should appear that he has not duly applied the property of the deceased; and s. 282 of the Indian Succession Act does not interfere with that right. All that it does is to point out the mode in which the executor or administrator is to administer the assets of the deceased, but it does not enable the executor or administrator, where a decree has been obtained against him, to say that no portion of the assets of the deceased person is to be paid in satisfaction of that decree, but he is to deal with them just as if no decree had been passed, which appears to be the objection raised in this case.
We think that the conclusion which the Judge of the Small Cause Court came to is a right one.