M INDIRANI Vs. SARAVANA FINANCE

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) The present Civil Revision is directed against the order dated 10.4.2003 passed by the Executing Court rejecting the application filed by the present petitioners under Section 47 CPC.

(3.) Petitioners are the daughters of one Margabandhu. Respondents 3 to 6 are the sons of the aforesaid Margabandhu. Respondent No.1 in the present Revision had filed O.S.No.30 of 2000 against the aforesaid Margabandhu and respondents 3 to 6. The aforesaid persons are the partners of one Saravana Theatre. During pendency of the suit, the aforesaid Margabandhu died. However, since the suit was against a partnership firm and since other partners were on record, the present petitioners were not impleaded as parties to the suit. In due course, a decree was obtained against the partnership firm and two items of the properties were sold. The present respondents 7 & 8 are the auction purchasers. The present petitioners filed objection under Section 47 CPC after the sale was confirmed. It was their contention that the judgment in O.S.No.30 of 2000 dated 14.7.2002 was void as the petitioners being the legal representatives were not brought on record. To the objection filed by the petitioners, the decree-holder and the auction purchasers have contended that the present petitioners have been set-up by the respondents 3 to 6.