RAMLAL AND OTHERS Vs. BACHAU AND OTHERS

JUDGEMENT

(1.) -This is an appeal by the decree holder who is also the auction purchaser against an order of remand passed by the lower appellate Court in execution proceedings.

(2.) It is not disputed that the appellant had obtained a money decree on 10th of Sept., 1969 against one Smt. Jhuna which was put into execution being Execution Case No. 48 of 1970 in which the disputed property was attached on 9-7-1970. It has been pointed out by respondent that after the attachment, Smt. Jhuna died on 13-1-1971. Execution Case No. 48 of 1970 was, however, dismissed in default on 23-1-1971. Thereafter fresh execution proceedings No. 16 of 1971 was initiated on 22-2-1971 against Smt. Jhuna. The property was not to auction on 12-10-1971 which was confined in favour of the appellant on 26-11-1971 and in pursuance therefore possession was also delivered on 14-2-1972.

(3.) On 2-3-1972 objections were filed purporting to be under Order 21 Rule 90 C.P.C. in which it was contended that the entire execution proceedings were illegal as Smt. Jhuna had transferred the property to the objector on 17-4-1969 i.e. much before the suit against her had been decreed. It was also contended that the execution proceedings were invalid inasmuch as the heirs of Smt. Jhuna had not been brought on record after her death on 13-1-1971. Several other objections were also taken.