RAO BHIMSINGH Vs. SHERSINGH

JUDGEMENT

(1.) THIS is an appeal from the judgment and decree of the High Court of Judicature at Nagpur dated October 8, 1939, which affirmed the judgment and decree of the District Judge of Nimar dated September 7, 1936, which in turn affirmed the judgment and decree of the Subordinate Judge of Khandwa, dated February 19, 1936.

(2.) THE appeal arises in execution proceedings in the following circumstances.

(3.) A decree was duly passed pursuant to the said Order in Council and prior to the death of Kishore Singh part of the Bhamgarh Estate was attached in execution of such decree. Kishore Singh died on August 11, 1930, and the present appellant as his eldest son succeeded to the Bhamgarh Estate and was thereupon brought on record in the execution proceedings as legal representative of Kishore Singh.