HARMANBHAI LALLUBHAI Vs. MAGANBHAI MATHURBHAI PATEL

JUDGEMENT

(1.) The petitioners claim to be the legal representatives of the deceased judgment-creditor who died during the pendency of execution application. The petitioners applied for being joined as parties contending that the deceased judgment-creditor had executed Will in their favour and they were entitled to proceed further with the execution application. The respondent-original judgment-debtors contended that thee petitioners should be asked to obtain probate and/ or letters of administration with will annexed or without will annexed. Unless they obtain probate or the letters of administration they cannot be permitted to proceed with the execution application The trial Court upheld the contention filed by the petitioners herein. Against this order the petitioners have preferred this revision application.

(2.) the respondents contend that in view of the provisions of Sec. 214(1)(b) of the Indian Succession Act 1925 the petitioners have no right to proceed further with the execution application filed by the deceased judgment-creditor. The relevant part of Sec. 214 of the Indian Succession Act 1925 reads as follows:

(3.) The learned Counsel for the respondent tried to distinguish the aforesaid decision of this High Court. In his submission where the heirs and legal representatives are already brought on record the contention based on the provisions of Sec. 214(1)(b) would not be available to the other side but such contention would be available at the initial stage when they are submitting the application for being joined as heir and legal representative of the deceased and when the application is being decided.