NINGAMMA Vs. PUTTASWAMY GOWDA

JUDGEMENT

(1.) THIS revision by the legal representatives of the deceased Judgment Debtor-Nagaiah is directed against the order dated 14-10-1992 of the Executing Court viz. , the Court of the Civil Judge, Junior Division, made in Ex. Case No. 22/78 rejecting their two applications one made pleading that the judgment-debtor was a person of unsound mind; and another was filed raising the plea that he was a debtor under the Karnataka Debt Relief Act, 1980 and therefore his liability under the decree in execution stood discharged.

(2.) ). The course of litigation between the parties could be stated as under. Respondent Puttaswamy Gowda, since deceased, was the decree-holder in Execution Case No. 22/78 pending on the file of the Court below. He had obtained a money decree in O. S. No. 87/76 against the deceased judgment-debtor - Nagaiah, who was defendant in the said suit and was represented by a counsel named H. S. Ramasway of the local Bar. It was a money suit. It ended in a compromise decree dated 23-3-1979. On 10-1-1978 the decree-holder filed execution petition in EP 22/78 in the Court below seeking execution of said decree against the judgment-debtor. The attachment of the latter's immoveable property was effected on 15-3-1978 and the same was brought to sale on 26-10-1978 in the course of the execution proceeding. By order dated 25-10-78 of the executing Court made on the decree-holder's application he was permitted to bid the property at the public auction. Accordingly, he participated in the said Court auction and was a successful bidder. His bid was accepted on 30-11-78 by the executing Court. The case was adjourned to 30-11-1978 for confirmation of the sale of the said property to him on which date the judgment-debtor's wife Nagamma, who is petitioner No. 1, filed IA No. III under Order 32, Rules 1 to 4 and 15 read with Section 151, C. P. C. in the said execution proceeding praying that she may be appointed as the guardian of her judgment-debtor/husband as he was a person of unsound mind. Her application was rejected by order dated 21-1-81 of the executing Court. Then, the sale was confirmed in DHr's favour and the said Sale Certificate was issued to him on 5-2-1981 by the executing Court.

(3.) THE order dated 21-1-81 of the Court below passed rejecting the first petitioner's said I. A. No. III was challenged by her in Revision before this Court in C. R. P. No. 1978/81 which came to be allowed by order dated 11-1-1985 of this Court remitting the matter and directing the executing Court to decide the question whether or not the judgment-debtor is a person of unsound mind, after collecting the medical evidence report from the competent Doctors. Thereafter, the proceeding in Execution Case No. 22/78 continued on the file of the Court below. The judgment-debtor was got examined by Dr. A. Halappa, District surgeon of Mandya and his report dated 8-8-86 stating that the judgment-debtor was not a person of unsound mind was secured. That report of the District Surgeon was not accepted by the Court below. Therefore, on 28-11-86 it was suggested by both parties that the judgment-debtor may be subjected to the medical examination of the Dr. C. R. Chandrashekhar of NIMHANS, Bangalore. Accordingly, he was referred to Dr. C. R. Chandrashekhar. But, the latter addressed a letter to the Court below on 15-12-86 requesting to refer the judgment-debtor to the examination of Dr. Channabasanna of NIMHANS. Then an order dated 16-12-86 was passed by it appointing Dr. Chandrashekhar as the Commissioner for the purpose. But, by then judgment-debtor's health became critical and he could not recovered from his illness and he died of the same on 12-3-1987. As a result, he could not be examined by the competent doctors and their report respecting the mental condition of the judgment-debtor could not be secured by the Court below for its decision of the said question. Therefore, the fact remains that the petitioner could not prove her case before the executing Court that her husband-judgment-debtor was a person of unsound mind.