T RAMAIAH Vs. K S ROOPRAJ

JUDGEMENT

(1.) This matter coining up for orders is disposed of finally after hearing the learned Counsel for parties.

(2.) The short question which falls for determination is whether the trial Court was right in permitting the Legal Representatives of the deceased decree-holder to come on record without insisting upon a Succession Certificate obtained under the Indian Succession Act as contended by the judgment- debtor.

(3.) The undisputed facts leading to this Revision Petition may be stated and briefly they are as follows : One K.S.Roopraj obtained a decree against the Revision petitioner-judgment debtor and sued execution. During the execution proceedings, he died. His son S.R.Karanraj came on record in place of the deceased decree-holder and continued the proceedings in Execution Case No. 723 of 1987 on the file of the City Civil Judge, (7th Court) Bangalore City. The judgment- debtor, at that point of time, had no objection for the Legal Representative of the decree-holder to come on record in place of the decree-holder. The said Karanraj also passed away and therefore, the respondents 1 to 8 filed an application through the 1st respondent to come on record as Legal Representatives of late S.R.Karanraj and continue the execution proceedings. That was resisted by the Revision petitioner-judgment debtor inter-alia contending that that they have not established link between themselves and the deceased decree-holder and he also put forward the plea that the original decree-holder Roopraj died issueless and therefore, Karanraj could not have been his son. That objection was riot taken during the life time of Karanraj. However, while describing the relationship between the applicants and the decree-holder, the judgment-debtor made it the bone of his contention that they must be directed to produce a succession Certificate under the Indian Succession Act before they are permitted to come on record as his Legal Representatives. He also contended that the Legal Representatives cannot continue the execution proceedings having regard to rule 12 of Order 22 of Civil Procedure Code. But, over-ruling his objections, the executing Court has permitted the Legal Representatives to come on record. Aggrieved by the same, the present Revision Petition is preferred.