SANTOSH JAIN Vs. KEWAL KISHORE

JUDGEMENT

(1.) Petitioners, before this Court, are judgment-debtors whose objection filed under Sec. 47 of Code of Civil Procedure (CPC) was rejected and revision filed, thereafter, has also been dismissed.

(2.) Facts, leading rise to present petition, are that one Late Aatma Ram was tenant of Shop No. 13/1091 situated in Bazar Fazalganj, Saharanpur. Respondent no. 1, Kewal Kishore, the decree-holder instituted a S.C.C. Suit No. 64 of 1978 for arrears of rent and ejectment. On 1/12/1981, he executed Power of Attorney in favour of his father Gurudas Mal for contesting the suit, filing vakalatnama, filing of affidavit appointing advocate etc. The suit was decreed on 13/8/1993. Against the said judgment, a S.C.C. revision was filed which was also dismissed on 22/8/1994. The matter travelled upto Hon'ble Supreme Court and SLP filed by judgment-debtor was converted into Civil Appeal No. 4433 of 1993 which was dismissed on 30/11/2000.

(3.) Plaintiff-decree-holder filed Execution Case No. 27 of 2002. During pendency of execution case, judgment-debtor Aatma Ram died. His son Pradeep Kumar Jain was substituted, who also died on 29/7/2016 and present petitioners were substituted as legal heirs on 16/2/2017. An application under Sec. 47 read with Sec. 151 CPC was filed by petitioners in execution proceedings which was registered as Misc. Case No. 21 of 2018.