JUDGMENT : KNOX, J. The ruling of this Court in Budhan Singh v. Salig Ram,[1904] 1 A.L.J.R., 61 is against the appellant. The question raised as to whether there was a good assignment was enquired into by the Courts when an application was made under section 232 of the Code of Civil Procedure and decided adversely to the appellant. He allowed that decision to become final. I consider that the Courts below were right in the view they took, and I dismiss this appeal with costs which in this Court will include fees on the higher scale. AIKMAN, J. I am of the same opinion. The decision in Sheoraj Singh v. Amin-ud-din Khan, [1898] I.L.R., 20 All, 539, to which I was a party, has been relied on as supporting the case of the appellant. The circumstances of that case were peculiar, as the allegation of the plaintiff in that case was that he was beneficially interested in the sale-deed and the decree passed on it, and as such was entitled to apply for execution of the decree. If the judgment in that case can be held to be a decision to the effect that an assignee of a decree whose application under section 232 the Court which passed the decree has seen fit to reject, can, notwithstanding such order, bring a suit for a declaration of his right to execute the decree, then I think the propriety of that decision is open to doubt. 2. BY THE COURT.:— The order of the Court is that this appeal is dismissed with costs which in this Court will include fees on the higher scale.