LAXMANGOWDA Vs. MADDAMMA

JUDGEMENT

(1.) A short, but interesting, question relating to executability of a decree made in a suit without production of a Succession Certificate as required under Section 214(1) of the Indian Succession Act, 1925 ("the Act"), arises for determination in this Revision Petition.

(2.) The Court of Civil Judge at Raichur, to which a decree of the Court of Subordinate Judge, Kurnool, had come by transfer, sought to execute that decree against the judgment debtors therein. But, those judgment debtors raised an objection as to the executability of the decree urging, inter alia, that decree was a nullity, the same having been made without the production of a Succession Certificate as required under Section 214 of the Act. The executing Court being of the view that the objection so raised was unsustainable, made an order to the effect that the execution petition is maintainable. Felt aggrieved by that order, the judgment debtors have questioned its validity in this revision petition.

(3.) On behalf of the judgment debtors (petitioners here) Shri B.S. Raikote contended that the decree under execution, should have been regarded by the executing Court as a nullity as it had been made against the debtors of a deceased person for payment of his debt in favour of a person claiming on succession to be entitled to the effects of the deceased person without the production of a Succession Certificate as required under Section 214(1)(a)(iii) of the Act.