YASHODA DEVI Vs. NEETA DEVI

JUDGEMENT

(1.) BY this petition, the petitioner seeks to challenge legality and validity of the order dated 25-1-2006, passed by the 9th additional District Judge (F. T. C.) Durg, in execution case No. 10-A/2000, whereby the application of the decree-holders (the respondents)to bring legal heirs of the judgment-debtor namely Ram Bharos chhapariya, was allowed.

(2.) THE indisputable facts, in brief are that a decree was passed on 20-4-2001 (Annexure P/1)against Ram Bharos chhapariya. During the pendency of the execution proceedings, Ram Bharos chhapariya died on 1-3-2003. The respondents decree-holders filed an application on 27-3-2004 for bringing the legal heirs of the deceased judgment-debtor on record which was allowed by the executing Court. Thus, this petition.

(3.) SHRI Tiwari, learned counsel appearing for the petitioners would submit that since an application for bringing legal heirs of the judgment-debtor on record was not moved within a period of 90 days, the execution proceeding abated and as such the pplication for bringing the legal heirs of the judgment-debtor could not have been allowed after a period of 90 days. Shri Tiwari relies on Section 50 of the Code of Civil Procedure, 1908 (for short 'the CPC' ).