CDEVA SIGAMANI MUDALIAR Vs. VENKATASAMI

JUDGEMENT

(1.) On September 13, 1934, a money decree was made in favour of one Venkataswami, who was the plaintiff in O.S. No. 31/32-33 on the file of the District Judge, Bangalore, against two defendants, Devashikhsymani Mudaliar and Varadaraja Mudaliar, All the parties to that suit are now dead.

(2.) On an application presented on December 16, 1941, that decree was being executed by the deceased decree-holder Venkataswami in Execution Case No. 82 of 1941-42. His prayer in those execution proceedings was that that decree should be transferred to the appropriate Court in Vellore for the decree being executed in that Court against certain properties belonging to the judgment-debtors and situate within that jurisdiction. Another application presented on September 9, 1946 for the execution of that decree by the deceased decree-holder Venkataswami was pending in the Court below in Ex. No. 135/46-47. Venkataswami the decree-holder died on December 20, 1948.

(3.) On November 15, 1949, his legal representative made two applications, I.A. 2 and I.A. 5 in the Court below. I.A. 2 was made by the legal representative of Venkataswami in Ex. No. 1,35/46-47 praying for permission of the Court to bring himself on record in place of the deceased decree-holder in the said execution case and in all Other proceedings relating to that matter so that he might continue the execution proceedings in place of the deceased decree-holder. I.A. 5 was an application made in Ex. No. 82 of 41-42 in which the said legal representative requested that lie might be brought on record in place of the deceased decree-holder in the said execution proceedings and in all other proceedings in execution of the decree pending in E.P. No. 135/46-47 of the District Court, Bangalore, and E.P. No. 91/45 and 99/46 pending in the Court of the Subordinate Judge at Vellore, and also for permission to continue all those proceedings in place of the deceased decree-holder.