JAMEEL Vs. RAO NAUSAD KHAN AND ORS.

JUDGEMENT

(1.) In this Writ Petition, as filed by the judgement/ debtor, the issue, which is entailing consideration is the scope of Section 47 of the CPC, in an objection, which has been filed by judgement/ debtor, invoking the aforesaid provisions, as against the decree dated 19.07.2010, which has been sought to be put to execution. Section 47 of the CPC is quoted hereunder:-

(2.) Before venturing into merits of the matter, which is arising out of a concurrent orders of rejection of the petitioner/judgement debtor's, application under Section 47 of the CPC, it becomes necessary and inevitable too, to deal with the array of parties to the suit and the execution case, and the cause, which has been sought to be agitated.

(3.) The principal Suit, being Suit No.1 of 1995, which was instituted by the predecessors of the respondent Nos. 1 to 5, i.e. late Mr. Masoom Ali, who died during the pendency of the Suit, and the respondents, herein, 1 to 5, who were made as the co-plaintiffs to the Suit after substitution. Similarly, the petitioner is one of the sons of dependent No.1, who as on the death of defendant No.1/Khalil, the petitioner and respondent Nos. 6/1, 6/2 and 6/3, being the heirs of defendant No.1 were substituted and contested the proceedings.