ULLI NAGAIAH Vs. CHEKKA MAHALAKSHMAMMA

JUDGEMENT

(1.) This revision petition is filed against the order of the Junior Civil Judge, Darsi dated 16-09-1999 passed in E.A. No. 115 of 1999 in E.P. No. 57 of 1997 in S.C. No. 121 of 1990. The subject matter of this revision provides an example as to how the troubles of the decree-holder start after obtaining the decree.

(2.) The 1st petitioner (who is no more) filed S.C. No. 121 of 1990 in the Court of the Junior Civil Judge, Darsi against the respondent for recovery of Rs. 2,239/-. The said suit was decreed on 04-10-1994. To realize the decretal amount the 1st petitioner herein filed E R. No. 57 of 1997 with a fond hope that he will continue in the execution proceedings and they will be able to realize the fruits of the decree. As usual, the proceedings in the decree were protracted for one reason or the other. During the pendency of the E.R the first petitioner died on 7-7-1999. The wife and son of the 1st petitioner filed E.A. No. 115 of 1999 under Order XX Rule 3 read with Section 146 C.P.C. to bring them on record as legal representatives of the deceased 1st petitioner. The executing Court rejected the application relying upon the judgment of this Court reported in Kastala Gopaiah v. Dupagunta Venkateeswar Rao and by taking the view that the petitioners 2 and 3 have to obtain succession certificate before filing an application for coming on record as legal representatives.

(3.) Sri M.N. Narasimha Reddy, learned Counsel for the petitioners had submitted that requirement to obtain succession certificate would arise only if the decree holder died even before he had initiated any execution proceedings. He also distinguished the decision of this Court in Kastala Gopaiah's case (supra) by submitting that the said decision related to a case where the decree holder died even before filing the E.P, whereas in the present case the decree holder filed the E.P. and he died when the E.P. was pending. He also submitted that the order of the executing Court cannot be sustained in law.