I BASHA KHAN Vs. K SELVARAJ

JUDGEMENT

(1.) One Hussain Bai got a decree in O. S. No. 536 of 1976 on the file of the District Munsif Court, Attur against the respondents. After obtaining the decree, he died. So, his wife Havab-Bi executed a power of attorney in favour of the petitioner to institute the Execution Petition to recover the decree amount from the respondents. The Court below on the basis of the objection raised by the respondents rejected the Execution Petition in E.P. No. 3 of 1991 on the ground that no succession certificate was produced under Section 214 of the Indian Succession Act. Aggrieved, the petitioner has filed the above Revision.

(2.) The only point that arises in this Revision for consideration is whether the wife of the deceased decree-holder can proceed with the Execution Petition filed by her power of attorney, without a succession certificate as contemplated under Section 214 of the said Act.

(3.) The execution proceedings cannot abate on the death of the deceased decree-holder, in view of Order 22 Rule 12 of the Code of Civil Procedure, and the legal representatives can therefore continue the proceedings without filing separate Execution petition by substitution themselves under Section 146 and Order 21, Rule 12 of the Code. Only if they want to file a fresh application they have to comply with the requirement of Section 214 of the said Act, which reads as follows :-.