K MUTHUSAMY Vs. RAJAMMAL

JUDGEMENT

(1.) HEARD the learned counsel appearing for the revision petitioner.

(2.) INSPITE of service of notice, there is no representation for the respondents.

(3.) THE learned counsel appearing for the revision petitioner would focus the attention of this Court to the additional counter filed by him before the Execution Court as to the effect that without succession certificate, the respondents herein are not entitled to proceed with the insolvency petition. As I have already observed, the execution petition was filed by the decree holder himself and an order of arrest was also passed while he was alive, subsequently he died, the respondents were impleaded as legal representatives of the decree holder and as rightly observed by the execution Court, the respondent herein as Legal representatives of the decree holder are entitled to proceed with the execution petition in the absence of any order for adjudication of the Judgment Debtor as insolvent by the insolvency Court. Under such circumstances, I do not find any merit in the civil revision petition.