PUTTASIDDAMMA Vs. DODDARAYAPETE SIDDAIAH

JUDGEMENT

(1.) THE present petition is filed under Article 227 of the Constitution of India challenging the order passed on 04.07.2014 on I.A. VIII in Execution Petition No. 53/2008 pending on the file of the Court of Prl. Civil Judge and JMFC., Chamarajanagar.

(2.) THE petitioner had filed an application under Order I Rule 10(2) of the Civil Procedure Code in Execution Petition No. 53/2008 arising out of the judgment and decree passed in O.S. No. 104/2001. She wanted to come on record as the legal representative of the deceased decree holder Doddarayapete Siddaiah. During the pendency of the execution petition, decree holder Doddarayapete Siddaiah died and his wife, four sons and one daughter have been brought on record as his legal representatives to prosecute the Execution petition.

(3.) LEARNED counsel for the petitioner has vehemently argued that the trial Court could not have dismissed I.A. VIII filed under Order I Rule 10(2) of CPC., since the petitioner has a semblance of right being the daughter of Doddarayapete Siddaiah, who died intestate.